Statute of Limitations
- 3 years with Discovery Rule. (District of Columbia Code, Division II (Judiciary and Judicial Procedure), Title 12 (Right to Remedy), Chapter 3 (Limitations of Actions), §12-301 – Limitation of time for bringing actions.)
- Medical malpractice – 3 years with Discovery Rule. Continuous treatment rule applies. (District of Columbia Code, Division II (Judiciary and Judicial Procedure), Title 12 (Right to Remedy), Chapter 3 (Limitations of Actions), §12-301 – Limitation of time for bringing actions.)
Damages Cap
- None.
Statute of Limitations
- 1 year from date of death. (District of Columbia Code, Division II (Judiciary and Judicial Procedure), Title 16 (Particular Actions, Proceedings, and Matters), Chapter 27 (Negligence Causing Death), §16-2702 – Party plaintiff; statute of limitations)
Damages Cap
- None.
- Long Term Care Ombudsman Program Act – (D.C. Law 7-218, D.C. Code Ann. §7-701.01 et seq.)
The Washington Post had an article on the growing diabetic population in nursing homes. Despite the fact that up to 25% of nursing home residents have diabetes, a study published in Diabetes Caredetermined many diabetic nursing home residents are not getting appropriate care according to the standards proposed by the American Diabetic Association. The study revealed while 98% of diabetic nursing home residents had their blood glucose monitored, only 38% met their short-term glucose goals.
One of the problems facing nursing home residents with diabetes is the lack of specific guidelines set forth to care for elderly people with diabetes. According to Helaine Resnick, director of research at the Institute for theFuture of Aging Services for the American Association of Homes and Services for the Aging, most of the glucose control standards are intended for younger people and the needs of an elderly nursing home resident with a cognitive impairment may be substantially different.
- Emergency Room Doctors Play Vital Role In Reporting Incidents Of Nursing Home Neglect To Authorities
In Washington D.C. emergency room physicians are are reporting nursing home neglect to authorities in increasing numbers. Nursing home residents are being presented to Washington D.C. emergency rooms with preventable medical conditions such as dehydration, malnutrition and unattended wound care. Consequently, the physicians are taking on an additional role as nursing home ombudsmen as they report their finding to authorities.
Bloomberg reported that more than 90 percent of U.S. nursing homes in each of the past three years were cited for violating federal standards, according to a government report. The article substantiates that many nursing homes are simply not doing an adequate job caring for our nations elderly population. According to the inspector general's report for the Department of Health and Human Services:
We've discussed how nursing homes often provide poor care. Nursing home residents often suffer frombedsores, medication errors, inadequate nutrition,falls and physical abuse. Not to mention the nursing home residents pay handsomely for the privilege of subjecting themselves to these potentially deadly problems.
Emily Brandon, of U.S. News and World Report , did a nice job reporting on programs available to seniors to allow them remain independent and out of nursing home facilities. While the services detailed below may not be available in all areas, they give an idea of they types of programs available to seniors to provide assistance in their daily lives.
If you've never heard of EveryBlock.com, you may want to check it out to find out what is going on in your city. EveryBlock is a useful compilation of public records in: Boston, Charlotte, Chicago, Los Angeles, Miami, New York, San Francisco, San Jose, Seattle and Washington, D.C. You can search by zip code or address to find out news and topical information that is happening in your area.
A client who's mother was assaulted by a nursing home worker forwarded me this site as a reminder of just how much crime occurs in nursing homes and retirement communities. Most of this information never makes the news headlines, but to those who have loved ones in a nursing home this information will surely cause you to pause and think about their safety.
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…