Private individuals can sue nursing homes when there is evidence of neglect or abuse. They often do this to be compensation for injuries inflicted on themselves or loved ones. However, states attorneys general can also file suit against nursing homes as well. One of the nation’s largest nursing home chains had its effort to quash a lawsuit filed by the Attorney General of New Mexico denied by a state district judge. The lawsuit makes broad accusations of substandard care.
Judge Sarah Singleton issued an order recently to deny motions seeking to dismiss the case.
Attorneys for the Texas-based Preferred Care Partners Management Group argued that the case is one based in opportunism and greed. They also argue that New Mexico is targeting practices that occurred in facilities prior to them being acquired by the company.
Attorney General Hector Balderas said that he was pleased with the judge’s ruling.
The suit was initially filed in December of 2014, claiming that thin staffing made it impossible to provide good care for the facilities’ residents. In outlining its claims, the lawsuit took a novel approach. They calculated the number of hours it takes to complete basic tasks, such as feeding, bathing, and helping residents to the bathroom.
New Mexico alleges that residents were not getting the level of care needed and that the company was improperly billing Medicaid and Medicare.
Accusations came from Preferred Care’s attorneys alleging that the private law firm behind the lawsuit first approached the New Mexico attorney general in 2012 regarding the case.
Balderas, however, claims that he weighed the merits of the case before deciding to proceed. After hearing stories from residents’ families and former nursing home employees, he felt compelled to act.
The trial is scheduled to begin in April 2018.
If you or a loved one has been the victim of abuse or neglect while in the care of a nursing home, you may be entitled to compensation. Contact the law offices of Schenk Smith. Our attorneys may be able to help you get the compensation you deserve. Contact us today.
