Kentucky Jury Awards $2.2 Million in Damages to Family of Former Nursing Home Resident Over Alleged Gross Negligence
After a week-long trial and three hours of deliberation, jurors decided in favor of the family of a former 92-year-old female resident who sued a Kentucky nursing home on her behalf for alleged gross negligence and failure to provide proper care.
The woman who had dementia was admitted into the nursing home in December 2014 and lived there for about three months until March 2015, when she was allegedly “dumped” because she was switching from self-pay status to coverage under Medicaid. The cost of the nursing home she was in for those three months as a self-paying resident was $9,000 per month. The amount that a facility receives from Medicaid is considerably less, estimated at $200 per day or just over $6,000 per month.
The complaint in the lawsuit alleged that the woman did not receive the special memory care the family was led to believe the facility would provide in its advertisements. The resident did not receive any special care, such as psychological consultations, and the suit claimed that the nursing home’s negligence was a factor in causing her to have an accelerated physical and mental decline that resulted in her death.
Lawyers for the plaintiff indicated that they expected the jury’s decision to be appealed. The attorney for the nursing home and its owners said that the jury’s ruling was not supported by evidence and did not include witness testimony.
Compliance Perspective
Failing to provide services that a nursing home advertises and promotes as being unique and superior, and “dumping” residents who transition from self-pay to Medicaid, may be considered provision of sub-standard quality of care, in violation of state and federal regulations and resident rights.
Discussion Points:
- Review policies and procedures regarding safe discharge and providing the same quality of care regardless of resident payor source.
- Train staff to provide quality of care to all residents, regardless of payor type. Training should include the importance of staff reporting any instances of suspected abuse, neglect, or inappropriate discharges to their supervisors or through the Hotline.
- Review marketing materials to ensure they present an accurate picture of services provided. Periodically audit to determine if the level of care promoted through the facility’s marketing efforts is actually provided, regardless of payor source. Consider interviewing residents and their family members to determine their level of satisfaction with care.
