How to Get Punitive Damages in Malpractice and Nursing Home Claims

Punitive damages can be difficult to achieve in any case, but especially so in medical malpractice cases.  This is because ordinary negligence, or even gross negligence, does not entitle a plaintiff to a punitive damages award.  In order to be awarded punitive damages a plaintiff must establish that the defendant has acted in an outrageous … Read more

A Nursing Home Must Notify a Resident’s Doctor and Family of Significant Changes to that Resident

If a member of your family has an accident or significant change in their medical condition – such as declining health, bed sores, etc. – while a resident at a nursing home, it must notify both your doctor and you by statute.  According to the Nursing Home Reform Act §483.10(g)(14) a nursing home must immediately … Read more

How to Report Nursing Home Neglect to the Department of Health

If you feel that a loved one died or was seriously injured due to a nursing home’s neglect one of the first things you should do is contact your state’s Department of Health.  Most states have a number, fax, email, or online complaint form you can fill out to report nursing home neglect. In Pennsylvania … Read more

Nursing Home Laws and Regulations

Nursing homes must follow certain federal and state regulations when caring for a resident who was admitted for rehabilitation from surgery or long term care.  Specifically the statute which sets out a nursing home’s responsibilities is called the Nursing Home Reform Act, otherwise known as the Omnibus Budget Reconciliation Act of 1987 (OBRA), 42 CFR … Read more