Another major problem in dealing with nursing homes is often referred to as ‘corporate shell games;’ you see one name on the building’s face, only to learn that an outside company is managing the nursing home because the owners seek to distance themselves from responsibility. If you try to create a flow chart for corporate responsibility, often you find a complex interwoven relationship between the holder of the nursing home license, the management company, a holding company, related corporations, limited liability companies, and limited liability partnerships. To determine the entities responsible for the operation of the nursing home, it is often necessary to examine licensure files and Medicaid cost reports. To identify the real parties in control, it is sometimes necessary to examine loan documents to determine commonality.
Another problematic issue that arises in suing a nursing home is the inadequacy of insurance. Often, a nursing home is insured with a PAC Man insurance policy. That means that the money that is consumed defending a case reduces the amount of coverage that is available for the injured nursing home resident. It is ironic that insurance companies, the medical industry, and the pharmaceutical industry are always lobbying to reduce the attorney’s fees that an injured person can pay, yet here is a system that is calculated to reduce benefits by what is paid to a lawyer.
Investigation of nursing home abuse or injury cases often leads us to explore such other documents as:
If you believe that you or a loved one has been the victim of nursing home negligence, this form of medical malpractice needs to be reported immediately and the personal injury lawyers at our Stamford, Connecticut office may be able to help. It is important that you seek help both for your own situation and for the other residents.