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Posted On: October 30, 2008 by Steven J. Malman

Lawsuit Accuses Extendicare of Providing Nursing Home Residents with Substandard Care

Long-term nursing company Extendicare and 10 of its nursing homes have been named as defendants in a class action lawsuit. The lawsuit was filed on behalf of a woman named Laura Bernstein and all residents that lived in an Extendicare home in Minnesota between October 29, 2002 and October 29, 2008.

The complaint accuses Extendicare of engaging in consumer fraud with its use of false or misleading advertising to convince sick and elderly persons that they would receive the care that they needed at an Extendicare nursing home. The plaintiffs’ attorney alleges that Extendicare is guilty not only of misrepresenting itself to potential residents, but of cheating its current residents. The lawsuit points out that Extendicare uses promotional materials which claim that its nursing homes provide experienced, quality nursing care when, in fact, the company’s homes have been cited for breaking nursing home regulations, violating resident rights, and providing substandard care.

The lawsuit cites Extendicare’s “24/7 Extendicare Admission Policy” and “Green Flag Policy” as examples of how the company prioritizes profits before people. The complaint claims that the admission policies give preference to anyone that has a serious medical condition regardless of whether or not the nursing home can meet the sick person’s needs in addition to the needs of current residents.

The lawsuit also contends that Extendicare’s admissions contract, which residents have to sign before they can be admitted into a nursing home, violates state law. By signing the contract, the resident is agreeing that Extendicare’s liability will be limited in the event that loss of personal property or personal injuries arises. Minnesota law makes it illegal to include such a waiver in a nursing home admission contract.

Extendicare nursing homes in other states have also been cited for violations. 20 of its 26 nursing facilities in Wisconsin have been cited for serious care violations in the last three years. Extendicare also settled a wrongful death case involving a resident for $2.3 million. The nursing home company has been slapped with another class action lawsuit in Washington.

If you believe that your loved one is a victim of nursing home abuse or neglect, it is important that you take steps to remove the resident from the Illinois nursing home immediately.

10 Minnesota Nursing Homes Named in Class Action Lawsuit Against Extendicare, Marketwatch, October 30, 2008

Extendicare REIT Acknowledges Washington Class Action Lawsuit, Biz.Yahoo.com, August 22, 2008


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