Q. What is a nursing home abuse or nursing home neglect claim?
A. These claims arise in numerous situations including situations involving repeated falls, malnutrition, the development of bedsores or pressure ulcers (decubitus ulcers), dehydration, medication errors, and physical attacks/assaults by other residents or staff.
Q. How do I know if my loved one is suffering from nursing home abuse?
A. The best advice is to visit your loved one frequently and at different times of the day and days of the week. Your close observations will tell you if your family member is being well fed and cared for. If your family member has bed sores, ask to see the wounds and ask how this medical problem will be addressed. Talk to roommates and nurses on the floor.
Q. Should I move my loved one to a different nursing home?
A. Yes. If you decide to keep your loved one in the same nursing home that you are pursuing for nursing home abuse, you risk mistreatment (retaliation) by disgruntled nursing home personnel. If the nursing home has failed to provide the necessary care for your resident, move to a facility that will.
Q. Will we have to go to trial?
A. A majority of nursing home abuse cases are settled. However, it is impossible to know which cases will settle and which will be tried in a court of law. Do not undertake the prosecution of a nursing home abuse case unless you are willing and committed to try the case if necessary.
Q. Why do we have to pay back Medicare or Medicaid?
A. Medicare and Medicaid are entitled to repayment of certain amounts under Federal and state laws. Medicaid and Medicare are deemed to be “secondary payers” and always request reimbursement in these types of cases. We work very hard to reduce the reimbursement payments as much as possible, but we can not avoid repayment of some portion of the expenses paid by Medicaid or Medicare.