Pre-Litigation Screening - The First Step In The Legal Process

Posted on November 14, 2011 by John R Kormanik

Although I am a lawyer, I do not typically write on "ins-and-outs" of nursing home or assisted facility law. Frankly, the laws can be complicated and do not typically lend themselves to a relatively "short" (for a lawyer, anyway) post on this site. I'm going to change it up a little today, though, because I think there is something you need to know.

Did you know that, unlike many other matters, in order to bring a lawsuit against a licensed nursing home or assisted living facility in the state of Idaho, you must first jump through a hoop? This hoop is known as a "Prelitigation Screening Panel."

As defined by Idaho law, and in the context of a claim against a license nursing facility, the prelitigation screening process generally can be described as follows:

  • Any claim for "alleged negligence or wrongful death" against a "licensed nursing facility," must go through the process;
  • A panel serves in the nature of a "special civil grand jury";
  • The panel consists of 3 people: 1 person who is a licensed administrator of a nursing facility in the state of Idaho; 1 person who is an attorney, appointed by the commissioners of the Idaho State Bar; and a layperson selected by the two members listed above;
  • The process is "informal" and, other than the panel's final decision, there are no records of the proceedings kept;
  • The process is nonbinding;
  • The process is compulsory, which means you cannot sue a licensed nursing facility for its wrongful acts unless and until you have gone through this process.

You might ask, if the process is nonbinding, what happens if I "loose" -- get an unfavorable result from the prelitigation screening panel -- to my case? Does that mean I cannot proceed? The answer is an emphatic "no." Because the process is nonbinding, you simply are required to go through it, whatever answer you receive from the panel, you can still choose to proceed with litigation against the licensed nursing facility.

Should you decide you would like to hold a nursing home or assisted living facility accountable for its wrongful acts, there are some steps you should take. First, contact an experienced nursing home abuse lawyer, like the lawyers at Kormanik Hallam & Sneed LLP. Second, remember, you need to go through the prelitigation screening process prior to filing a lawsuit against a licensed nursing facility.

Tags: ,

Green Houses - Putting The "Home" Back Into A Nursing Home

Posted on November 1, 2011 by John R Kormanik

Imagine walking into a traditional nursing home for the first time. There is a reception area at the front door. Turn right and walk down a hallway - there are resident rooms on both sides. There is typically a nurse's station. in amongst the rooms. There may be medication carts in the hallway. There may even be food carts for those residents who cannot make it to the dining hall. Imagine walking into this traditional nursing for the first time...and being told: "This is your new home." Well, that ain't like any home I've ever lived in...it's a hospital...it's an institutional facility...it is definitely NOT a "home." 

In a article in yesterday's New York Times, Laurie Tarkin explains a relatively new movement in the nursing home industry - Green Houses. These "green houses" are not the kind you grow plants in. They are not even particularly "green" as in environmentally sound. Instead, the Green House theory of nursing home care places residents in real, honest-to-goodness (although slightly modified) homes on the property of the main facility. The article describes the Green Houses as:

  • Front door opening into a large living and dining area;
  • A hearth surrounded by upholstered chairs;
  • A long communal dining table where meals are served;
  • Kitchens that open to the dining table so caregivers can chat with residents while preparing meals;
  • Private bedrooms and bathrooms;
  • Front porch and back deck with tables and chairs.

Perhaps, more importantly, are the items not present in a Green House. There are no: corridors, nursing stations, medicine carts, trays of food delivered to residents in their rooms.

In this environment, staff actually gets to know their residents. They spend more time, on average, with their residents and, according to the article, are more able to build a personal bond with their residents.

There are approximately 117 of these Green Houses across the country. I wonder if there are any here in Idaho? I haven't heard of any such facilities here. If you know of one, I'd like to hear from you.

Imagine walking into a Craftsman-style bungalow. You walk up the porch and notice the rocking chairs. You walk in the front door and notice a hearth ablaze in a warming glow and your new housemate seated in a nice chair in front of it. You see a friendly staff member cooking your first meal in the kitchen. You drop your belongings off in your room and return to the main living room. Your loved one, maybe your son or daughter, reaches over to you and says: "This is your new home." You smile and say: "Yes it is." 

Will the Green House movement accelerate? Will it fall by the wayside as an expensive experiment? Who knows. Is the care received as good or better than that provided in a traditional nursing home? The studies referred to in the article seem to indicate it is.

If you or a loved one is in such a facility, I would love to hear from you about the experience. What are the pluses or minuses? I can't wait to hear from you!

 

 

 

Tags: , ,