Nursing home litigation:
 A vicious cycle


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Nursing home litigation:
 A vicious cycle


Nursing home neglect/abuse is growing fast, and so is related litigation. Cases typically involve wrongful death, decubitus ulcers, dehydration, malnutrition, sepsis, and falls.1 The financial burden nursing homes face in defending numerous lawsuits diverts funds that could be used to improve the quality of care.2

The families of victims of nursing home abuse/neglect often pursue lawsuits to get nursing homes to provide better quality of care to their residents. This can be difficult for nursing homes to achieve when they have to pour their financial resources into defending lawsuits. Historically, nursing home abuse/ neglect has been addressed by governmental regulation.3 Although victims and their families should not be deprived of their Seventh Amendment right, perhaps stricter government regulation is a more efficient means of addressing this problem.4

Mohammed Muqeet Adnan, MD
Huma Adnan, JD
Syed Amer, MD
Usman Bhutta, MD
Oklahoma City, Okla

References

1. Wunderlich GS, Kohler PO, eds. Improving the Quality of Long-Term Care. Washington, DC: National Academies Press; 2001.

2. Bourdon T, Doubin S. Long Term Care: General Liability and Professional Liability, Actuarial Analysis. New York, NY: Aon Risk Solutions; 2002.

3. Kapp MB. Quality of care and quality of life in nursing facilities: What’s regulation got to do with it? McGeorge Law Rev. 2000;31: 707-731.

4. Hemp SH. The right to a remedy: When should an abused nursing home resident sue? Elder Law J. 1994;2:195-224.

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Nursing home neglect/abuse is growing fast, and so is related litigation. Cases typically involve wrongful death, decubitus ulcers, dehydration, malnutrition, sepsis, and falls.1 The financial burden nursing homes face in defending numerous lawsuits diverts funds that could be used to improve the quality of care.2

The families of victims of nursing home abuse/neglect often pursue lawsuits to get nursing homes to provide better quality of care to their residents. This can be difficult for nursing homes to achieve when they have to pour their financial resources into defending lawsuits. Historically, nursing home abuse/ neglect has been addressed by governmental regulation.3 Although victims and their families should not be deprived of their Seventh Amendment right, perhaps stricter government regulation is a more efficient means of addressing this problem.4

Mohammed Muqeet Adnan, MD
Huma Adnan, JD
Syed Amer, MD
Usman Bhutta, MD
Oklahoma City, Okla

Nursing home neglect/abuse is growing fast, and so is related litigation. Cases typically involve wrongful death, decubitus ulcers, dehydration, malnutrition, sepsis, and falls.1 The financial burden nursing homes face in defending numerous lawsuits diverts funds that could be used to improve the quality of care.2

The families of victims of nursing home abuse/neglect often pursue lawsuits to get nursing homes to provide better quality of care to their residents. This can be difficult for nursing homes to achieve when they have to pour their financial resources into defending lawsuits. Historically, nursing home abuse/ neglect has been addressed by governmental regulation.3 Although victims and their families should not be deprived of their Seventh Amendment right, perhaps stricter government regulation is a more efficient means of addressing this problem.4

Mohammed Muqeet Adnan, MD
Huma Adnan, JD
Syed Amer, MD
Usman Bhutta, MD
Oklahoma City, Okla

References

1. Wunderlich GS, Kohler PO, eds. Improving the Quality of Long-Term Care. Washington, DC: National Academies Press; 2001.

2. Bourdon T, Doubin S. Long Term Care: General Liability and Professional Liability, Actuarial Analysis. New York, NY: Aon Risk Solutions; 2002.

3. Kapp MB. Quality of care and quality of life in nursing facilities: What’s regulation got to do with it? McGeorge Law Rev. 2000;31: 707-731.

4. Hemp SH. The right to a remedy: When should an abused nursing home resident sue? Elder Law J. 1994;2:195-224.

References

1. Wunderlich GS, Kohler PO, eds. Improving the Quality of Long-Term Care. Washington, DC: National Academies Press; 2001.

2. Bourdon T, Doubin S. Long Term Care: General Liability and Professional Liability, Actuarial Analysis. New York, NY: Aon Risk Solutions; 2002.

3. Kapp MB. Quality of care and quality of life in nursing facilities: What’s regulation got to do with it? McGeorge Law Rev. 2000;31: 707-731.

4. Hemp SH. The right to a remedy: When should an abused nursing home resident sue? Elder Law J. 1994;2:195-224.

Issue
The Journal of Family Practice - 63(9)
Issue
The Journal of Family Practice - 63(9)
Page Number
493
Page Number
493
Publications
Publications
Topics
Article Type
Display Headline
Nursing home litigation:
 A vicious cycle

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Nursing home litigation:
 A vicious cycle

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