Here are some frequently asked questions that we hear from our clients:
1. What should I do if I suspect resident neglect or abuse?
You should immediately report your concerns to the nursing home administrator, director of nursing and social worker. You should write down what happened, when and why you feel that it is abusive or neglectful for your own personal record/file. If you think the law has been broken, you should call the police. You can also report your concerns to the Ombudsman (resident advocate) for the nursing home. Finally, you should report the neglect or abuse to the Division of Quality Assurance to investigate. It is very important to report and document the neglect or abuse. Be persistent and patient. 2. Can we change nursing homes?
If a resident does not like the nursing home he or she resides at, he or she can request assistance with transferring to another nursing home. The nursing home social worker will assist with a request for transfer. Unfortunately, there has to be an open bed at another facility to be able to complete the transfer request. If a bed isn’t open at the desired nursing home, you can request to be put on the waiting list. 3. Can the resident or resident’s power of attorney have access and/or a copy of the resident’s records?
Yes. The federal regulations clearly state that the resident or his or her legal representative has the right upon oral or written request to access all records pertaining to the resident within 24 hours. The resident or representative may purchase copies of the records upon request and 2 working days advance notice to the facility. § 483.10(b)(2). 4. Should I sign an arbitration agreement if asked by the nursing home?
No. There is no benefit to signing an arbitration agreement. Arbitration is a waiver of a jury trial. It is drafted by the nursing home and advantageous to the nursing home. It is harder to hold a nursing home accountable via arbitration. Arbitration doesn’t include a jury of your peers or members of your local community. The arbitration agreement may limit the types of claims that can be brought, exclude a claim for punitive damages and waives the right to a jury trial. The nursing home cannot make admission contingent upon the signing of an arbitration agreement. Just say no to arbitration. 5. What difference will it make if I bring a claim for neglect or abuse?
A claim may result in reimbursement for medical expenses, funeral expenses, out of pocket expenses, future medical expenses, pain and suffering and disability, the loss of the relationship with your loved one and will hold the nursing home accountable for its choices and poor quality care. It may not take the pain away or bring your loved one back, but it may prevent harm to another resident and improve quality and safety for all residents at the nursing home. Claims and lawsuits can bring about changes in the quality and quantity of staff, policies and procedures and the management and operation of the nursing home. It does improve the quality of care. 6. How much it cost to retain Pitman, Kyle & Sicula, S.C.?
There is no cost to retain Pitman, Kyle & Sicula, S.C. We work for a contingent fee. The amount of the fee is contingent upon the amount of money recovered. We pay costs related to the claim/case but are reimbursed those costs at the end of the claim/case in addition to the fee. If we don’t recover any money, there is no fee owed. There is no financial risk to you to retain Pitman Kyle and Sicula, S.C. 7. How long does a claim/case take to conclude?
There is no set period of time from start to finish. Each case is different. Sometimes insurance companies are eager to get a case resolved and other times they want to fight to the bitter end. Patience and persistence is necessary to obtain a fair settlement. We are committed to pursue the case for however long it takes and we need the same commitment from you. 8. What questions should we ask if the resident falls? You need to find out: 1. Does the resident recall the fall; 2. Was the fall witnessed; 3. What happened; 4. When did the fall occur; 5. Did an object or equipment cause the fall; 6. What fall prevention safety measures were implemented before; 7. Any injury resulting from the fall; 8. What fall prevention safety measures will be implemented. Request a copy of any incident report completed by the nursing home.