Baton Rouge, LA – Nursing homes are watched and monitored by various government agencies to ensure that individuals staying inside will not be injured or get sick due to code violations. There are inspections that are conducted without prior notification so that the government bodies responsible for regulating these facilities can monitor their regular operations and discover problems. Elderly individuals who suffer health problems or injuries due to code violations and other forms of non-compliance can use this as evidence in a civil lawsuit for negligence.
Inspection timelines and procedures
According to the Centers for Medicare and Medicaid Services, nursing home inspections can happen any time during normal daytime operating hours, and they are usually unannounced. Once the inspection begins, agency employees try to complete their business on consecutive days, including weekends when necessary. They may temporarily suspend operations to allow residents to sleep or attend religious services.
The state where the home is operating has the authority to give or take away certifications related to any skilled nursing facility, with CMS approval. Facilities that are in compliance will receive a certificate from the state and federal government. When a facility is found to be in violation of various rules and regulations, the state will contact the administration and local Medicare offices to recommend various enforcement measures and remedial actions, to be completed within a certain timeframe. The regional office can terminate a facility’s certification and funding from the federal CMS programs if violations are not corrected within that allowed timeframe. Violations can include failures to protect the civil rights of the patients inside through appropriate care and security.
Civil cases against facilities with violations and problems
When a facility does not take adequate protections to ensure the safety of its patients, residents can be hurt due to things like improper medical treatment or sustain physical injuries. Evidence that the facility failed an inspection, and did not correct certain problems can be used to show that the home breached its duty of care, and did not take proper precautions to ensure safety. An attorney for the plaintiff can use all of these shortcomings to show that the facility was responsible, and argue for an amount of damages that will cover things like required medical treatment and other forms of trauma caused by improper care.
Getting assistance from a local lawyer who works on nursing home cases
There are attorneys in the Baton Rouge area who help victims and their families bring civil injury lawsuits against nursing homes that make serious mistakes. Miller, Hampton, and Hilgendorf assist clients with these issues and provide guidance related to various kinds of civil lawsuits.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806