- Under Federal law, a resident must have a care plan in place within 21 days after being admitted. The plan must describe the services to be provided to attain the resident's highest physical, mental and psychological well being. A physician and a nurse prepare the plan. Sometimes, there are instances where the plan is inadequate. The individuals preparing the plan believe that the resident is capable of doing more than they are actually able to do.
- Another problem is lack of staffing. Nursing homes may attempt to save money by limiting the nurses and staff on duty. This may lead to pressure sores (bed sores) due to the failure to frequently turn a bedridden or wheelchair bound resident.
The law firm of POPICK & RUTMAN is very thorough in litigating nursing home cases. We obtain the records filed with the New York State Department of Health as well as other federal and state agencies, regarding the financing of the hospital, whether prior complaints were made, whether prior actions were brought and whether there were fines administered by the State. We look for patterns that are evidence of a fundamental oversight in the care of the residents.
A law firm handling nursing home cases must be well-versed in many areas of the law besides the actual litigation against the nursing home in order to achieve the best possible outcome for their clients. The injury to an elderly infirm resident often results in death. Therefore, a firm handling nursing home cases must be familiar with Surrogate Court procedures as well as Medicare and Medicaid rules regarding liens. For example, the law firm of POPICK & RUTMAN recently contested a $160,000 lien claimed by the Department of Social Services and had it reduced to $1,600 thereby increasing the client's recovery by $158,400.
We all know that residents of nursing homes are our loved ones whose physical and/or mental condition is so deteriorated they can no longer take care of themselves and we can no longer take care of them at home. They may suffer from Alzheimer's and/or dementia, chronic sickness, infirmity due to age or illness, or psychiatric problems that prevent them from taking care of themselves. These residents are vulnerable to emotional and physical abuse, mistreatment, pharmacological errors, falls, and bed sores as well as other risks.
It is POPICK & RUTMAN's goal to see that the nursing home industry maintains and improves its standard of care and actually prevents injuries from happening to residents. We are here to represent the injured party and their family when this fails to occur.
We have learned through experience that litigating these cases can be tricky. There are situations where the resident is discovered to have a broken bone but there is no accident or incident report. It turns out that after a fall and injury a nursing home staffer picks the patient up and puts them back in the bed. The patient who has dementia will not be able to tell anyone what happened.
If you have a loved one in a nursing home and notice something amiss just call (718) 321-7460 today to speak with one of our nursing home litigation attorneys.