The rules that control whether or not a nursing home gets federal funding are contained in the Federal Nursing Home Reform Act. A family tried invoking that act while seeking compensation for a medical malpractice case, but they were denied.
The incident was that a resident at a nursing home who was a known elopement risk escaped. He fell down and suffered injuries that lead to his death. His family sued the nursing home seeking negligence and punitive damages. However, they also claim that the facility violated their patient’s rights as detailed in the act.
However, the judge disagreed that the law created private, enforceable rights for residents. Also, the complaint didn’t enumerate any specific rights that may have been violated. Also, the act merely specifies what a nursing has to do to receive funds from the government and not what rights they are required to give to residents. The court dismissed the complaint related to the FNHRA.
Hopefully this will not jeopardize their overall case. The fact remains that a loved one escaped from a nursing home, fell, and died as a result. They should get compensation for that incident.
If you have a loved one that is suffering at the hands of a nursing home, contact Schenk Smith Trial Attorneys. We specialize in elder abuse cases. Call today for a free consultation.