No one lives forever. But we all want to live our last years in reasonable safety. The decision to place a loved one into the care of others can be very difficult. We trust and expect nursing homes and assisted living facilities to provide the care and attention appropriate to the needs of our family members. Unfortunately, negligent care in nursing homes and assisted-living facilities kills or injures thousands of Americans every year.
Cases involving elderly or mentally impaired family members are challenging. Most family members are placed into care because their medical issues are too complex to be managed at home. A negligent nursing home will usually try to blame a resident’s pre-existing conditions for injuries suffered at the nursing home or assisted-living facility. We know the medicine and the experts that cut through these excuses.
Nursing homes and assisted-living facilities are governed by a complex scheme of federal and state regulations designed to ensure resident safety. Federal and state nursing home regulations set the minimum care standards for each facility. These standards require a comprehensive evaluation of the resident’s condition at the time of admission, re-evaluation when a resident’s condition changes, proper staffing levels, fall prevention, specific measures to prevent and treat pressure sores, standards for pain prevention and treatment, nutrition, dehydration, use of restraints, and care documentation. We know nursing home regulations, and how to hold facilities accountable when they fail to follow care standards.
Most nursing homes and long-term care facilities try to steal a resident’s right to seek justice in court by requiring arbitration in the contract fine print. Arbitration is a “shadow” justice system, where a dispute is decided by a private “judge” chosen by the facility and conducted under rules favorable to the facility, and where the information about the facility and the final decision are confidential. In this way, negligent facilities are able to keep their wrong-doing hidden from the public. An experienced nursing home abuse attorney knows how to defeat forced arbitration, to allow your family to seek justice in a real court.
The aging of America means that demand for nursing homes and assisted-living facilities is growing. Today, that demand is frequently filled by large corporations that put profit over resident safety. In fact, a small handful of corporations control a large number of the private nursing homes and assisted-living facilities in America.
In many instances, a single facility will be owned and operated by many different but related corporate entities. For example, Corporation X owns the land on which the facility is located. Corporation Y leases that land from Corporation X and owns the facility buildings where the residents live. Facility maintenance and equipment are provided by Corporation Z. Facility staff are employed and paid by Corporation W.
These complex corporate ownership structures within a single facility are intended to maximize profits and evade accountability for wrongdoing when a resident is injured. An experienced nursing home attorney knows how uncover the true ownership structure and relationship between the corporate entities involved and hold the right parties accountable for harm.
Call the Law Office of Cameron Carter today for a free consultation about your nursing home injury.