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Posted On: April 20, 2009 by Steven J. Malman

Nursing Home Abuse Lawsuit Filed on Behalf of Disabled Residents

A nursing home abuse lawsuit filed for the families of four people who died while staying at long-term care facilities and one patient who lost a testicle due to alleged nursing abuse is accusing the state of Colorado of giving local nursing homes a license to kill that has allowed patients to become abused and neglected. The attorneys for the plaintiffs want to sue as a class representing all disabled nursing home residents in the state.

The plaintiffs are representative members of thousands of residents residing in 27 nursing homes run by the SavaSeniorCare chain. The elder care company is also being sued for alleged deceptive trade practices, including promoting itself as a company that provides “state of the art” care at the best facilities, even though nursing home regulators have given its long-term care facilities poor ratings.

According to the nursing home abuse lawsuit, from 2006 to 2008, SAVA facilities received 1,464 citations—three times the national average. Health department records show that 20 of its facilities received below average ratings. Residents at SAVA facilities have reportedly died of blood poisoning, dehydration, and malnutrition.

The plaintiffs’ lawsuit also wants to make sure that nursing homes are properly insured. The Health Care Availability Act requires nursing homes in Colorado to carry insurance worth $3 million a year, with a $500,000 cap for each incident. They can also be self-insured with the approval of the state’s insurance commissioner. Unfortunately, there have been instances when a nursing home receives this approval and it later turns out that the affidavit the long-term care facility turned in verifying that that it put aside $1 million for insurance purposes was bogus.

If your loved one was injured or got sick while staying at a Chicago nursing home because his or her care needs were neglected or because a nursing home worker was abusive, you should take steps to remove the patient from the long-term care facility immediately.

In many cases, disabled nursing home residents may need specialized attention, including round-the-clock care and/or help with feeding, going to the bathroom, and getting around. Failing to help residents with these tasks can lead to personal injury, deteriorating health, and/or wrongful death.

Suit says nursing homes get "state license to kill", The Denver Post, April 13, 2009


Related Web Resources:
SavaSeniorCare

5 disabled nursing home patients sue state over care, Chicago Tribune, August 23, 2007

Access Living: Equip For Equality

Contact our Chicago nursing home abuse law firm to discuss your case.

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