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Nursing Homes, Long-Term and Advanced Care Facilities
Imagine this hypothetical: You are visiting your disabled, elderly father in one of the nation's more than 15,000 nursing homes. He is resting in one of the more than 1.7 million beds available in those many homes. During your visit, your father shows you sores all over his skin, formed because he was confined in bed for hours a day without attention from the local staff. He is also dehydrated from lack of water. As a result, your father's risk of major complications, including cardiac arrest and death, has been substantially raised. What can you do in response? Are there remedies available to compensate for the extra care your father will need because of his deteriorated condition?
Alternatively, if you are advising a health care provider entity, such as the above nursing home, what can you tell them regarding their liability? Is the institution itself at risk because of the personal failings of certain employees? What if it is staffed by independent contractors? Can a uniform plan or employee manual be developed, and will that help?
Unfortunately, the answer to these questions turns on the definition of two words: corporate and negligence. The term “corporate negligence” has no agreed-upon meaning, sometimes even within the same state. This provides the setup for a legal nightmare on both sides in the hypothetical if any personnel or patients have crossed a state boundary recently, or if the institution itself is trans-national in nature.
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