Idaho Law Blog

The 2020 edition of Mountain States Super Lawers is published and out.  We are pleased that Idaho attorney Patrick Mahoney has once again been named as a top medical malpractice lawyer by this exclusive, recognized publication based on peer nomination.  For all your medical malpractice legal needs, contact Mahoney Law PLLC at (208) 345-6364.  We handle all types of medical malpractice cases.  

OSHA has cited and fined the meat packing plant in Kuna, Idaho where a worker died recently.  The facility had previously been cited for lack of proper machine related safety procedures.  The plant is owned by Darling Ingrediants out of Irving Texas.  

Mahoney Law is Idaho's Product Liability and Wrongful Death Law Firm.

The Washington Post is reporting that Life Care Center nursing home of Kirkland, Washington has been cited by regulatory authorities for failing to timely report information concerning the fatal coronavirus outbreak that swept through its nursing home care facility starting in February of 2020.  

In a letter Wednesday to Life Care Center of Kirkland, the Centers for Medicare and Medicaid Services wrote that the nursing home failed to report an outbreak of respiratory illness to local authorities for two weeks as required by law, gave inadequate care to its residents during the outbreak and failed to provide 24-hour emergency doctor services.”

In a summary of its findings issued last month, CMS said inspectors had found that Life Care failed to swiftly notify regional authorities that it had a surge in respiratory infections, and continued to admit new patients and hold events such as a Mardi Gras party for dozens of residents and guests.”

Searching for a Nursing Home Lawyer

If you are searching for a lawyer for a possible case or claim involving a nursing home or long-term care facility, Mahoney Law of Idaho is uniquely situated to evaluate the situation as one of the best nursing home lawsuit attorneys.  Mahoney Law's top lawyer handles cases involving all types of nursing homes for all types of nursing home residents, from long term care facilities, memory care facilities, skilled nursing facilities, residential assisted living facilities, rehabilitation facilities, and the like.  Mahoney Law's detail oriented attorney reviews nursing home and care facility cases involving wrongful death, injury, neglect, abuse, elder abuse, infection, fall injury, fall death, mistreatment, medication errors, lack of water and food, pressure sores, bed sores, etc., at nursing homes and care facilities.  

Quick Facts, Helpful Links, and Resources from our Nursing Home Attorney for Nursing Home Care Facility Laws 

If you are searching for information on nursing home lawsuits, nursing home abuse, elder abuse, nursing home neglect, care facility injuries, or a nursing home death, here are some helpful links and quick facts for useful information:

In Idaho, nursing homes and other care facilities are regulated by the Idaho Department of Health & Welfare:  https://healthandwelfare.idaho.gov/Home/tabid/55/Default.aspx. This agency is responsible for inspecting nursing homes.  This agency will cite care facilities for regulatory violations, including violations of federal regulations.  You can access the survey reports through its website (use link below).

Idaho's nursing home regulations are part of the state administrative code, there are strict regulations which can be foundhere: https://adminrules.idaho.gov/rules/current/16/160302.pdf. Following these Idaho nursing home facility regulations is mandatory and is very important for resident safety.

Nursing home administrators must comply with Idaho statutes: https://legislature.idaho.gov/statutesrules/idstat/Title54/T54CH16/

Idaho also has statutes on residential care rights and duties: https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH33/

You can look up a nursing home care facility to see what regulatory violations it may have been cited for during surveys:

 https://healthandwelfare.idaho.gov/Medical/LicensingCertification/FacilityStandards/LTCSurveyResults/tabid/315/Default.aspx

On the federal level, nursing home facilities are subject to mandatory federal regulations which govern the actual substantive care and conduct of facilities.  Federal nursing home and care facility regulations are here: https://www.govinfo.gov/content/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5-part483.pdf. These federal regulations are very extensive and detailed.  They are of critical importance for resident and patient safety.  The bottom line is that nursing homes and care facilities have a very high obligation to provide a safe environment for residents, which is what they are being paid to do regardless of the patient's age and regardless of pre-existing conditions or co-morbidities.  All residents must be treated safely, with respect, and with dignity.  

You can also compare nursing homes on topics such as patient safety by using the Nursing Home Compare website: https://www.medicare.gov/nursinghomecompare/search.html?  This site ranks nursing homes and care facilities by various quality metrics.  You can see if a facility has a problem area compared to other facilities in your area.  

The CDC has guidance for nursing home and other care facilities as to coronavirus https://www.cdc.gov/coronavirus/2019-ncov/healthcare-facilities/prevent-spread-in-long-term-care-facilities.html

Medicare (CMS) has guidance as to COVID19 as well.  https://www.cms.gov/files/document/qso-20-14-nh-revised.pdf

What A Nursing Home Care Facility Lawyer Does

Cases against nursing homes cases, memory care facilities, skilled nursing facilities, residential assisted living homes and the like can involve tragic wrongful death situations, abuse and neglect claims, malnutrition claims, pressure sores and pressure ulcer cases, infections and sepsis, as well as all types of falls such as falls from bed, falls during transfer, falls during cares, falls in hallways and falls in rooms.  These claims can arise due to care provider malpractice as well as corporate owner negligence for lack of proper staffing and substandard administration of the facility.  We find that, sometimes, higher-ups in the corporate organization have made decisions that put profits over people and thereby jeopardize resident safety.  An example of this is failing to provide sufficient budget for proper resident care.  A nursing home attorney reviews the facts, analyzes the records, consults with experts, files required pre-litigation proceedings with the state regulatory agency, files the lawsuit, conducts discovery, possibly settles the case, goes to trial, and handles appeals.  The bottom line is that a top nursing home law firm will assist you at every step of the way, providing sound legal advice and guidance for you and your loved ones. 

Contact Mahoney Law Nursing Home Care Facility Lawyer

If you or a loved one are in need of a law firm to review a potential nursing home claim, please contact the top ranked nursing home law firm of Mahoney Law at (208) 345-6364, or you can email us or connect through our website's chat service.  There can be short time deadlines in nursing home cases, so do not delay in contacting counsel. We are an excellent nursing home lawyer near you offering free and confidential case evaluations.  

Given recent developments, if you or a loved one has become ill or died due to Coronavirus in a nursing home or long-term care facility, contact us immediately for a free Coronavirus case consultation.  COVID19 infection claims against nursing homes may exist for wrongful death and for failure to protect against infection in long term care facilities.  Families are wondering if they can sue for wrongful death of a loved one due to Coronavirus in a nursing home.  We will investigate cases of possible failure to prevent and isolate against COVID19 infection at long term care facilities.  

For a free, no obligation consultation with Mahoney Law