Nursing Home Defense

Nursing home litigation may involve the death or purported injuries of a resident.  Often these injuries are alleged to have been caused by neglect or other wrongdoing of the facility when in fact, they are a result of the resident's underlying medical conditions. Similarly, the alleged injuries may have originated outside the nursing home or occurred despite the proper care of the nursing home staff.

 

The claims often include lack of appropriate supervision, falls, failure to prevent infections or bedsores, medication errors, failure to follow a proper care plan, lack of proper staffing, and other claims of negligence and/or malpractice, as well as violation of residents' rights. A proper defense requires knowledge of all local, state, and federal guidelines.

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In addition, regardless of interventions and proper care, nursing home residents typically fall multiple times each year. The CDC has averaged this statistic at 2.6 falls per nursing home patient per year. The CDC has also recognized that most of these falls are not preventable and occur in relation to residents’ severe problems with cognitive ability and chronic diseases. In that regard, studies have shown that residents with dementia fall even more frequently and that falling once doubles the chances of falling again. As such, the medical community typically regards falls in this context as a symptom of disease rather than the cause. A proper defense requires knowledge of good and accepted medical care in this industry.  

 

At McDonnell Adels & Klestzick, PLLC, we defend our clients against false accusations of neglect and improper care by retaining the best medical experts in the field, understanding the medical issues, maintaining close contact with our clients, and engaging in aggressive litigation tactics.