October 2012 Archives

Staffing levels should be the subject of discovery in nursing home negligence cases.  Studies have suggested that 90% of nursing homes are understaffed.  Such staffing shortages create the potential for serious injury (or even death) to nursing home residents. 

For instance, many immobile nursing home residents require turning and repositioning at least every two hours by the nursing home staff in order to relieve pressure.  Failure to receive such care may result in the resident developing otherwise avoidable decubitus ulcers (also known as pressure sores).  Understaffed nursing homes are less likely to regularly provide such necessary pressure relief and may increase the chances that residents go on to develop potentially fatal bedsores.

In our cases, we routinely engage in discovery aimed at obtaining information regarding the target nursing home's staffing levels during the time period of the alleged negligent conduct.  We start by propounding Request for Production of Documents requesting the following:

1. All documents in Defendant's possession concerning or relating to staffing and/or staffing numbers and/or staffing levels at [insert name of nursing home] during the period of _____ through _____ including but not limited to staffing sheets.

2. All documents in your possession from the period_____ through _____ that in any way mention or discuss staffing shortages and/or the need to hire additional staff to care for patients at [insert name of nursing home].

3. All documents that discuss or pertain to Defendant's procedures, guidelines or policies concerning staffing, staffing numbers and staffing levels at [insert name of nursing home] during the period of _____  through _____.

4. Copies of all inspection reports or evaluations generated concerning or involving [insert name of Plaintiff] by any federal or state government agencies that regulated or monitored [insert name of nursing home].

5. Copies of any citations, warnings, reprimands, or violation notices received by [insert name of nursing home] concerning or involving [insert name of Plaintiff].

Sometimes, it may be necessary to seek Court intervention and/or take depositions of corporate designee witnesses in order to ensure that the nursing home timely produces these materials.  Once received, we provide these documents to Plaintiffs' medical expert witnesses so that staffing issues can be analyzed.

Please feel free to contact the nursing home neglect attorneys at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a nursing home neglect, bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, or medication administration error/prescription mistakes.

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This page is an archive of entries from October 2012 listed from newest to oldest.

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