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Nursing Home Negligence

Nursing Home Negligence

Nursing home negligence is often seen in cases where the home fails to follow federal regulations requiring proper charting. The regulations require completion of Resident Assessment Protocols (RAP) as part of the resident’s comprehensive assessment. The nursing staff is also required to complete a minimum data set (MDS) assessment any time a resident’s condition changes. Finally, a Nursing Care Plan is required in order to provide individual instructions to the nursing staff regarding a resident’s care and treatment.

Typical cases of nursing home negligence involve: failure to notify a resident’s physician or family of changes in a resident’s condition; failure to timely, accurately or completely assess a resident’s condition; failure to chart a resident’s medications or treatment; and failure to explain declines in a resident’s physical condition or activities of daily living.

Omnibus Budget Reconciliation Act (OBRA)

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