Nursing Home Negligence
Our parents, grandparents, and any senior citizen deserves the very best of care when they cannot care for themselves. Nursing homes, whether they are called Skilled Nursing Homes, Residential Care Homes, or Assisted Living Centers have expanded at an incredible rate. Federal and state law requires they have adequate numbers of qualified staff, and they have an obligation to provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well being of each resident.
Neglect and Abuse Cases
Facilities that care for the elderly, those recovering from temporary set-backs, like surgery, and people who are more permanently disabled, are required to provide the necessary care to meet each resident’s needs. These facilities must safeguard their residents by preventing unnecessary injuries and declines in condition. To do so, the facilities must assess each resident and put in place a plan of care which is followed by the facility staff.
The facility staff should be trained that if a resident is injured or harm by abuse or by neglect (which includes the failure to follow a plan of care), the staff is required to report the injury to a State agency for investigation and possible intervention. The failure to report abuse or neglect is a violation of Oregon law.
If a resident dies as a result of negligent or abusive care, the Court may appoint a family member or other individual to bring a wrongful death case. If the resident is injured and is unable to participate in the case, the Court may appoint a Conservator to bring an injury claim on behalf of the resident. Residents that are able to cognitively participate in their own case can bring a case in their own name.
We have brought both wrongful death cases on behalf of family members and injury claims on behalf of residents. These claims are based on the failure of the facility to meet its obligation to the resident by providing necessary care and the failure to honor the contract for services.
Improving Nursing Home Care
Prosecuting nursing home cases is important work. We respect that we’re representing an extremely vulnerable person who needs help. Such claims also hold out the prospect of improving nursing home care. Learn more on our blog about How to Choose a Nursing Home and What To Do If You Suspect Abuse or Neglect.
“Personal injury is a field that requires a lot of specialized medical knowledge. Don does an excellent job, and I will continue to refer personal injury cases to him.”
James C. Farrell, Roseburg, Oregon , Oregon attorney since 1968
Nursing Home Negligence Cases
Practice Areas
Features
