Montana

• 3 years with Occurrence Rule. (Mont. Code Ann. §27-2-204 – Tort actions-general and personal injury)
• Medical malpractice – 3 years with Discovery Rule, but no later than 5 years from the date the injury was incurred. In case of minors under four years of age, SOL period begins to run on minor’s eighth birthday. (Mont. Code Ann. §27-2-205)

• Noneconomic damages are limited to$250,000 (Mont. Code Ann. §25-9-411)
• Punitive damages – capped at $10 million or 3% of defendant’s net worth. (Mont. Code Ann. §27-1-220)

• 3 years. (Mont. Code Ann. §27-2-204 – Tort actions-general and personal injury)

• Noneconomic damages are limited to$250,000. (Mont. Code Ann. §25-9-411)
• Punitive damages – capped at $10 million or 3% of defendant’s net worth. (Mont. Code Ann. §27-1-220)

• Montana Department of Public Health and Human Services
• Adult Protective Services
• Senior and Long Term Care Division
• Senior and Long Term Care Request for Information System
• Long-Term Care Ombudsman Program

• Protective Services Act for Aged Persons or Disabled Adults – (Mont. Code Ann. §§52-3-201 – 207)
• Elder and Persons with Developmental Abuse Prevention Act – (Mont. Code Ann. §§52-3-801 – 825)

• Woman Dies From Brain Bleed Following Unsupervised Fall

Everyday nursing home residents fall.  Much like a toddler learning to walk, some falls are unpreventable.  Nursing home residents remain thehighest risk for falling and getting injured compared with any other demographic.  The most fall prone must be identified identified by the nursing home staff.  Identification of individuals who are at 'high risk' for falling is only part of the solution.

After reading this newspaper article of a Montana woman who fell four times during a 35 day stay at a nursing home, I was reminded of how important is is for nursing homes to have adequate fall protection in place.  Despite the fact that this resident had a medical history which put her at high-risk for falls, the facility did not take precautions.  Moreover, the facility had three opportunities to put fall prevention measures into effect before the last episode when the resident fell and suffered a cerebral hemorrhage. 

• New Government Report Demonstrates Alarming Number Of Criminals Caring For Elderly In Nursing Homes

I had to do a double-take when I saw some nursing home staffing statistics referenced in a report released by the Office of the Inspector General (OIG).  An alarming 92% of nursing homes across the country have at least one criminal-- in one form or another-- working at the facility.

In calculating this disturbing statistic, 260 nursing homes were randomly selected from the almost 16,000 nursing homes that receive Medicare funding.  Lists of current employees were then compared with data from FBI criminal records.