Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

Nursing Home Surveys and Surveyor Testimony Off Limits

By Thomas Pleasant, North Carolina Nursing Home and Medical Negliegence Attorney (888-435-7156). The Department of Health and Human Services has issued a new regulation relating to testimony by its employees, as well as the production of documents in proceedings where the United States is not a party. This regulation was made effective in October 2008, and (although it allows an exception if the head of the agency allows it) essentially blocks nursing home abuse, injury and wrongful death lawyers from using state survey information in the investigation and preparation of their cases. It also prevents lawyers handling nursing home abuse claims from taking testimony from the state employees who inspect nursing homes. These nursing home inspection documents are sometimes full information showing that the particular nursing home at issue was aware of major problems at the nursing home, and still failed or refused to do anything about it. This kind of “pattern” evidence can be important in showing why the abuse, neglect, injury or wrongful death happened at the nursing facility. The rule is 45 CFR Part 2. This is not a good development for the protection of the elderly whose care is at the hands of nursing homes, but it will not stop attorneys from pursuing nursing home injury and death claims, whether they are from a nursing home resident falling and getting hurt in a nursing home; a nursing home resident getting avoidable pressure ulcers or pressure sores in the nursing home; nursing home residents being malnourished and dehydrated; or any other form of nursing home abuse. For more information about health care regulations, see http://www.hhs.gov/. The Law Offices of Thomas Waitt Pleasant, PLLC can help you if you feel you or a loved one has been hurt in or by a nursing home in North Carolina. You can contact my office Toll Free at 888-435-7156 to discuss your legal problem. We also handle legal claims arising from the negligence and/or malpractice of doctors, hospitals, nurses and other healthcare providers; as well as unfair insurance claims practices. We will come to you if necessary, and also offer meeting locations in Raleigh, Wilmington, and Fayetteville. For more information, see www.pleasantlaw.com.