Nursing home abuse and neglect is a serious problem in our nation. Sadly our most vulnerable population often does not receive the care they need or the care that is required by law. Thousands of residents in assisted living facilities are seriously injured and even die due to abuse and neglect.
The Nursing Home Reform Act requires the provision of certain services to each resident and has established a Residents’ Bill of Rights. This was put in place to ensure quality care in nursing homes, but many facilities do not abide by these provisions.
Nursing homes receive Medicaid and Medicare payments for the long-term care of residents only if they are certified by the state to be in substantial compliance with the requirements of the Nursing Home Reform Act. Because nursing homes must keep their residents at the highest functioning level possible, a facility must plan for the resident’s specific medical conditions and risks. In other words, the facility must properly assess the needs of each resident, plan for those needs, and properly execute a plan.
Attorney David Daggett spoke at the North Carolina Bar Association on “Litigating Nursing Home Liability Cases”. The learning session was a live webcast, CLE On-Demand, for the North Carolina Bar Association, September 19, 2017.
The focus of the CLE was the resounding message that, as we age, and we all will, we deserve to be treated with dignity and respect.
David focused a lot of time on the 1987 Nursing Home Reform Act. The basic objective of the Nursing Home Reform Act is to ensure that residents of nursing homes receive quality care that will result in their achieving or maintaining their “highest practicable” physical, mental, and psychosocial well-being.
David’s presentation demonstrated the complexities of nursing home cases while also stressing their importance. When attorneys take on these cases they are protecting and defending someone’s care and wellbeing. He compared preparation for these cases to training for his many triathlons. It takes careful planning and preparation in order to finish strong and win.
Some of the many nuances covered in this CLE were:
- Types of Actions
- Statuary and Regulatory Framework
- Standard of Care
– Quasi-Medical Negligence – 9J requirements
– Negligent hiring, supervision, health & Safety Policies, and failure to provide adequate treatment
- Causation
- Damages
- Strategies for pursuing and defending
- Corporate Structures
Nursing home abuse and neglect are a serious problem. If you feel that a loved one is a victim of abuse or neglect in a nursing home or elder care facility call Daggett Shuler Law at 336-724-1234. We will speak with you at no cost to discuss your situation and will answer any questions you may have. Our caring North Carolina nursing home abuse lawyers will fight to the end to protect the rights of your loved ones.
When you call, you will speak with an experienced Winston-Salem Nursing Home Abuse Attorney absolutely FREE. You will never pay an attorney’s fee up front and you owe us nothing until we recover for you.
At Daggett Shuler, you can depend on us.