Tuesday, September 2, 2008

Class Action Lawsuits Against Nursing Homes

This week a class action lawsuit against the corporate owner of a group of nursing homes in Southern California was settled for $2 million. The lawsuit was filed on behalf of residents who were promised a high level of care by the nursing home operator. The lawsuit alleged that while the residents were promised quality care, the nursing homes were understaffed and the owners knew they could not provide the promised level of care given their level of staffing. The residents sued, alleging the owner’s conduct constituted fraud. During the course of the lawsuit, it was discovered that one of the nursing homes in question had 77 health and safety violations within the past four years.

A similar class action lawsuit has recently been filed in the state of Washington against the corporate owner of 15 nursing homes in Washington, accusing the owner of luring residents in with false advertising and charging for services that were never provided. The lawsuit also alleges that the nursing homes were understaffed and that the quality of care suffered as a result of understaffing.

A nursing home class action lawsuit is a lawsuit brought by an individual resident or a group of residents, on behalf of a much larger group with the same or similar problem or complaint. A class action lawsuit is typically brought where others have been injured in the same manner and it is too expensive or impractical to bring an individual lawsuit. Nursing home class action lawsuits serve an important function in that they provide oversight and force nursing home owners to improve the quality of the care they provide.

Nursing homes are in the business to earn a profit, and in striving to maximize their profits, many nursing homes fail to maintain an appropriate level of staffing and are seriously understaffed. There is a direct correlation between the quality of care and the level of staffing; if a facility doesn’t have enough staff, the incidences of elder abuse and neglect are significantly higher. When you are considering a nursing home facility, be sure to ask about the staff to resident ratio.

If you or a loved one have been the victim of abuse, negligence or neglect by a nursing home, contact an attorney to find out your legal rights and options. If you have a question or comment, feel free to respond to this posting, but keep in mind your response will not be confidential. You can also call or e-mail me to discuss your matter confidentially. Thanks for reading.

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