Recurring Problems with Nursing Homes #6

Dan Frith — Fri, 10 Jul 2009 06:11:00 GMT

Lauren and I have reviewed over 500 potential nursing home cases over the years and we see some problems over and over and over again. I decided we would share with our readers some of the more frequent problems...and the answers.

Problem #6: The Director of Nursing has a meeting with the family to tell them, "we don't have enough staff to take care of all of your father's needs...you will have to hire your own private-duty aide to provide the needed care." Can they do this?

The answer is "no." You should tell the Director of Nursing that it is the nursing home's responsibility to provide necessary care (as documented by the Care Plan or ordered by a doctor), and that claiming a shortage of staff or money is no excuse. Also, remind the Director of Nursing that federal law requires the nursing home to provide the care a resident needs to reach the highest practicable level of functioning and that requiring or suggesting private-duty aides is a violation of federal law. The federal law can be found at Section 483.25 of Title 42 of the Code of Federal Regulations

Originally posted at InjuryBoard by Dan Frith

Roanoke Personal Injury Lawyer - Private-duty Nurse

Recurring Problems with Nursing Homes #6