In the case of Scampone v. Grane Healthcare Company, the Pennsylvania Superior Court unanimously ruled that nursing homes can be held liable under a corporate negligence theory. Scampone v. Grane Healthcare Company, 210 PA. Super 124, 11 A.3d 967 (Pa. Super. July 15, 2010). For years, there have been nursing homes that have made decisions, including the number of staff to employ, based solely on monetary motivation instead of patient needs. A large majority of nursing homes are dangerously understaffed which directly affects patient care. In Scampone, former employees testified that not only was the nursing home chronically understaffed despite complaints but that the nursing home would increase staffing levels in anticipation of state inspections and then return to its inadequate levels immediately following inspection. Scampone v. Grane Healthcare Company, 210 PA. Super 124, 11 A.3d 967 (Pa. Super. July 15, 2010). Former employees also testified that medical records were regularly altered to hide substandard care. Scampone v. Grane Healthcare Company, 210 PA. Super 124, 11 A.3d 967, 2010 (Pa. Super. July 15, 2010).
It is undeniable that corporate decisions such as staffing levels, standards of care and training are inexorably linked to the care and treatment that nursing home residents receive on a daily basis. Understaffing, lack of adequate training and hiring unskilled employees are all key elements that greatly determine the care a resident will receive. Nursing homes are a business and the majority of them are run for profit. However, when families admit their loved ones they are told that the nursing home will care for both their emotional and medical needs. At the same time as these promises are being made, nursing home companies are determining how to utilize the least amount of staff as possible to keep costs down. Those decisions are not taking your loved ones care into account.
The ability to hold a corporation liable for making a choice to put profits ahead of patients is of the utmost importance. Allowing a corporation to run a nursing home with inadequate staff and training in exchange for the nursing home making larger profits is unacceptable.
Although elderly residents are awarded certain nursing home rights, some facilities, either unknowingly or intentionally, may violate these basic rights. If you suspect your loved one is being abused in a nursing home or otherwise deprived of their nursing home resident rights, such as bed sores, dehydration, malnutrition, infection, under staffing, physical abuse, you should immediately contact us toll free at 1.866.999.9085 or on-line at www.thepecklawgroup.com for a free thorough case review and evaluation. This case review is being offered at no cost and shall help determine whether you should take legal action on behalf of your elder / dependent adult loved one. We Will Help You!!
