Writing that such liability is already imposed on hospitals, health maintenance organizations and medical professional corporations, a three-judge panel in Scampone v. Grane Healthcare Co. held that nursing homes were similar to those organizations in that they provide "comprehensive and continual physical care" for patients. They are not, Judge Mary Jane Bowes wrote for the panel, like a physician's out-patient office, which is not susceptible to corporate liability claims."Except for the hiring of doctors, a nursing home provides comprehensive and continual physical care for its patients," Bowes wrote.
She later continued: "Even though Highland did not have staff physicians, it was responsible for ensuring that all doctor-ordered testing was performed. Clearly, the degree of involvement in the care of patients of skilled nursing home facilities is markedly similar to that of a hospital and bears little resemblance to the sporadic care offered on an out-patient basis in a physician's office."
The plaintiff's attorney in the case, Stephen Trzcinski of Wilkes & McHugh in Philadelphia, said the decision was a "big win" for nursing home residents.It had previously been difficult to bring suit against nursing homes, or the companies that run nursing homes, because the defendants would point to the fact that there was no appellate authority on the issue.
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Panel Imposes Corporation Liability Upon Nursing Homes
That is good news, but too late for many.
ReplyDeleteGreat news indeed! These nursing homes have gone way to long being permitted to provide inadequate care for residents. Accountability and liability should be for ALL!
ReplyDeleteWe must concentrate on cleaning up nursing homes, an industry that's run amuck for far too long.
ReplyDeleteMother was forced to stay at 3 different nursing homes. 2 of them for years...we would know when the nursing home staff were expecting an inspection, due to all fo the extra help, flowers on the nightstands,water on the pitchers, and everyone writing on the patients files!Nursing homes in Florida are given "Stars" as if they were Hotels...based on the inspections,verified complains,patient falls, amoung other things.I am glad,about the ruling, but who is making nursing homes accountable if the adm. staff knows when the inspectors are coming???In any case, I know of someone who sued a nursing home, because her mother had gotten phneumonia at the nursing home, and the daughter and attorney claim that if she had been well taken care of, the lady would have not developed pheumonia... reward $25,000.
ReplyDeleteA little better than NOTHING. Yet its still almost nothing or NOTHING for guardianship victims. When victim is under guardianship, ONLY THE GUARDIAN CAN SUE. After death, attorneys won't touch a suit when victim was appointed a GUARDIAN. So unless you are a litigator or have one behind you _ GUARDIANSHIP VICTIMS GET NOTHING BUT ABUSE & DEATH FROM THE NURSING FACILITY THAT IS LIABLE. I know from FIRST HAND EXPERIENCE HERE IN PA.
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