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Nursing Home Litigation

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John E. Barbush has devoted a significant portion of his practice serving as an advocate for nursing home residents who have not received the level of care to which they were entitled.

Often times, a nursing home’s negligence  results in serious injuries or death to a resident.  To John, these cases are about more than just money.  John believes that effective representation in nursing home neglect cases helps to police the nursing home industry. When nursing home cases are pursued by effective counsel, it forces nursing home owners to operate in a manner that provides the required level of care to all residents, rather than face litigation.

John has successfully represented clients against nursing homes in cases involving: pressure sores (also known as bedsores or decubitus ulcers); dehydration and/or malnutrition; falls; and neglected or untreated infections which caused injury or death.

Nursing home cases can be difficult.  Knowledge of how the nursing home industry works, medicine, medical charting, as well as Federal and State regulations is required to appropriately litigate these cases.  John E. Barbush has the knowledge and experience in successfully litigating against negligent nursing homes.  John believes that the elderly and infirm who pay for nursing home care should be provided with the best quality of life and highest level of dignity - anything less is simply unacceptable.

What constitutes nursing home negligence?

Many residents and their loved ones do not know that the nursing home industry is one of the most heavily regulated industries in the United States of America.  Pursuant to Federal law, any nursing home that receives payment from Medicare and/or Medicaid must provide care that meets the expressly defined standards of 42 U.S.C. §483.1, et al.  Additionally, Oklahoma has enacted its own Nursing Home Care Act found at 63 O.S. §1-1900.1, et al., with which nursing homes must comply.  What some nursing home owners fail to realize is that both the Federal and State Acts specifically state that the care required “is the minimum standard of care required to be provided to each nursing home resident”.  Any care that does not meet these minimum standards is negligent.  If you believe you or a loved one has suffered from nursing home abuse or negligence, John E. Barbush as well as the expert nurses and doctors who assist him, will review your case and give you an honest assessment.

How can you protect a loved one residing in a nursing home?

This question is posed a lot.  Unfortunately, it almost always is asked after a loved one has suffered from poor care.  The best way to protect a loved one is to conduct thorough research of the nursing facility prior to admission.  You can research any nursing home by clicking on this link: CLICK HERE to go to the Federal Government’s Medicare Nursing Home Compare Site.

The most critical factor to consider in evaluating any nursing home is staffing.  This can be evaluated by checking the nursing home’s average nursing time per resident.  If it is below national and Oklahoma averages, this usually is a sure indication that a resident may not receive the necessary care due to a lack of available staff.   You can also see if, or how often, a particular nursing home has been sued by using this link:   http://www.oscn.net/applications/oscn/casesearch.asp

Once a person is in a nursing home, the best way to protect that loved one is to visit regularly and ask questions.  Staff is more likely to address a resident’s needs if they know loved ones are involved and monitoring the care provided.  It is also a good idea to once in a while look over your loved one - checking to make sure there aren’t any sores or bruises on their legs, feet, back or buttocks.  If you notice any such problems address them with the staff as well as follow up directly with the resident’s primary physician.  Do not assume that the nursing home is aware of a resident’s condition.  Do not assume that the nursing home staff will immediately advise the doctor of a change of condition.  If a problem is not appropriately addressed, ask to speak with the Director of Nursing.  This individual is the person in charge of supervising all of the care provided to patients by the rest of the staff. 

 

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