Nursing Home or Extended Care Facility Cases
Sadly, people who are the most in need of care are least able to protect themselves from inadequate care. By the very nature of the fact they are in such a facility, they are unable to care for themselves. It is that vulnerability that reinforces the standard of care that the operators of these facilities must meet. Family members, even if living nearby, cannot monitor and supervise 24 hours a day – and should not have to. In addition to the obligation the facility has to provide the best care possible, there is the element of entrustment of the family member’s care to the facility. The facility then, which is a business, and is paid for its services, must hire competent staff and must insure that the resident’s condition is constantly maintained at the highest level. Certainly there are unfortunate circumstances that cannot be prevented, but inadequate care and inattention can never be tolerated. We carefully review all the records associated with the individual’s care, as well as the application of codes and regulations that apply to the facilities. We obtain and scrutinize all personnel records to determine whether the staff had the proper qualifications and background to be providing care to the patient. Once the liability has been determined, we are especially vigilant as far as evaluating the losses are concerned. These people, vulnerable, and many aged and infirm, are just as entitled to the same quality of life as are those not so vulnerable, aged and infirm. The effects of abuse or substandard care can be magnified in this situation, and in conveying our position to the insurance company or to the jury, we make that absolutely clear.