July 2017

THE VALLEY BUSINESS JOURNAL
14 www.TheValleyBusinessJournal.com
July 2017
When Should You Consider Suing a Nursing Home?
by Morton J. Grabel, Esq.
Although no one really wants to sue
a nursing home or elder care facility because
it is a place of good intentions and
a provider of care primarily to the elderly.
However, there are times when the facility
should be held legally accountable for
their negligent and/or abusive conduct.
For example, a lawsuit should be filed
when:
1] negligence,
2] neglect, or
3] abuse on the premises causes injury.
What Kind of Actions and/or Failures
to Act Should Lead to the Filing of A
Lawsuit?
There are numerous accidents, willful
and/or intentional acts, and failures to
act that may cause a health care facility
legally responsible; either based on the
conduct of an employee or on a policy,
procedure or on-going practice in the
facility. Here are a few examples:
• Failure to keep the premises reasonably
safe and free of hazards when:
dangers in the facility and its staff
are aware of, those dangers or they
should be aware through proper
attentiveness. This includes everything
from preventing slip and fall
accidents to preventing one resident
from attacking another resident.
• Negligent hiring, training or negligent
supervision of an employee
who ends up neglecting, abusing, or
otherwise intentionally harming a
resident. For example- not properly
screening prospective employees
who subsequently steal from residents
or commit sexual acts upon the
residents and have a record of prior
criminal acts.
• Negligent supervision of residents
who fall and injure themselves. Here
is an example- resident is given a
“Risk Assessment” during the admission
process and was determined the
resident is a high risk for falls. The
resident is admitted and the facility
did nothing to protect the resident
from falls. The resident falls and
breaks a hip.
• Failure to maintain adequate health
and safety policies concerning keeping
clean and sanitary conditions in
resident rooms and in common areas
such dining halls.
• Failure to provide adequate medical
treatment that meets the medical
standard of care under the circumstances.
When the provision of
sub-standard medical care causes
harm to a resident, there may be a
case for medical malpractice against
the nursing home facility and/or
against a medical professional.
There Are Regulations on The Standard
of Care in addition to State
of California Statutory Scheme: In
addition to state laws, if a nursing
home accepts Medicare, the facility
must follow Federal Regulations that
establish the standard of care. One of
these regulations is 42 CFR sec. 483.25
(h) which provides:
• The resident environment remains as
free of accident hazards as possible;
and
• Each resident receives adequate supervision
and assistance devices to
prevent accidents.
If the nursing home fails to comply
with these regulations and a resident is
injured, the nursing home is liable.
Proving Liability Can Be Complicated
When a resident is injured at a care
facility, it is not always obvious what
exactly went wrong and who might be legally
responsible. The evidence available
is often incomplete or medical records
may be self-serving for the nursing home.
Examples such as medical record pages
either “disappearing” and or re-numbered
or being re-written to camouflage negligent
conduct or overt abuse. In cases
like these, your best first step would be
discussing the situation with an experienced
attorney like Morton J. Grabel, a
former Nursing Home Administrator and
Hospital Administrator.
Please note: the information provided
herein is general and not be relied
upon for your circumstance or case. For
further information or if you have any legal
questions please call the Law Offices
of Morton J. Grabel, in Temecula at (951)
695-7700. Mort originally from Philadelphia,
PA is a graduate from an ABA
Law School, has an MBA, a California
Nursing Home Administrator’s License
& a California Real Estate Broker’s License
[both active and in good standing].
There are numerous accidents,
willful and/or intentional acts, and
failures to act that may cause a
health care facility legally responsible;
either based on the conduct
of an employee or on a policy,
procedure or on-going practice in
the facility.