The National Trial Lawyers



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Nursing Home Trial Lawyers Association

Medical Malpractice Trial Lawyers Association

Practice Areas

Practice Areas

Employment Discrimination/Wrongful Termination

If a person is given different or less favorable (disparate) treatment at work because of gender, age, religious belief, color, ethnic background, sexual orientation, pregnancy or disability, then employment discrimination may be involved.

The employer may be required to remedy the wrong by damages.

Whistleblower Claims

Medical and Oral Surgical negligence

        Doctors and medical staff are trusted professionals and are given great authority over us and our families. Inattention, distraction, bad technique or bad follow up can lead to catastrophic injury or death. Treatments and procedures, often highly risky, may be performed improperly, unnecessarily, and /or without the full understanding of the risks involved. Conditions are often missed or misdiagnosed, leading to profound damage. Drug interactions can have serious unintended consequences which are not known to patients until it is too late.

          These cases are challenging, but negligent medical treatment changes lives and families forever. The only remedy is compensation for the harm. Raising these issues may also trigger the necessary review and change to protect others from the same fate, 

       If you or a loved one has been harmed by what you believe to be such negligence, a staff member will contact you to gather your facts for Mary Schultz's review.  Call (509) 245-3522, and leave your message at ext. 300.

Elder Abuse, Abandonment and Nursing Home Neglect

          If we live long enough, all of us will ultimately lose independence and the ability to perform the simplest of tasks--brushing teeth in the morning, climbing into clothing, eating, getting into a chair or a bed. As skills decline, so vulnerability and dependency set in. One can no longer care for oneself at home, but the worst nightmare is that of losing independence, and becoming a “burden” on others. There is no desire to live in childrens’ homes because of that reality, even where that possibility exists, which it usually doesn’t. The proper, focused and dignified treatment of vulnerable and dependent adults is a human obligation.

 

           Businesses for profit have emerged, with all of the cottage industries that businesses spawn as necessary components of providing such care. These entities are critical—they are and should be well paid to provide the quality level of care and attention that cannot be obtained in a home environment-- three meals a day regardless of eating “skill,” attention, activities, socialization, interests, care, and assistance with daily living activities; perhaps most profoundly, medical care. Skilled nursing facilities can charge well in excess of $10,000 per month to any middle-class family, and skyrocket even from there.  But what goes on inside these facilities is mostly shielded from view.  And this is where the law steps in, to the extent that law can be enforced.    And when it is enforced, it is most effectively enforced by families witnessing and aggrieved by neglect

 

           Nursing home litigation claims arise under a variety of state and federal code and statutes.

 

Under state law:

  • RCW 74.34: The abuse of vulnerable adults statute prohibits the abuse, neglect, financial exploitation, or abandonment by family members, care providers, or any other persons who have a relationship with a vulnerable adult.

 

  • RCW 18.20 addresses assisted living facilities.

 

  • RCW 70.129 addresses long-term care resident rights, including quality of life.

 

  • WAC 388-97 covers nursing homes and provides for a variety of rights to nutrition, activity levels, dietary services, and medical care, and includes the right to informed consent when it comes to these residents’ treatment. WAC 388-97-0260. The code includes definitions of abandonment, abuse, exploitation, and neglect. See WAC 388-97-0001.

 

Under Federal Law:

  • The United States Code also includes requirements for nursing facilities, 42 U.S.C. § 1396r
  • The Code of Federal Regulations also sets out requirements for states and long-term care facilities.  See 42 C.F.R. § 483, et seq.
  • Nursing home federal requirements, including survey protocols, can be found at e.g.  James E. Allen’s Nursing Home Federal Requirements, 8th Ed., © 2015, Springer Publishing Co. 

 

 

              Many families either don’t know allow neglect to go on, because they accept what they see as the norm. It isn’t and it shouldn’t be.  In situations where the facility does not carry out its duty to these adults, remedies exist that can assist and impact all residents.

 

If you feel you have such concerns in any given situation, please contact the office for a consultation

 

 

Wrongful Death

If someone's death is caused by the negligence of another, a wrongful death action is designed to compensate the victim of that negligence through "survival" claims, and beneficiaries of the deceased's estate may also recover damages for the loss of their family member.

Wrongful death can occur with product liabiity, medical or prescription drug negligence, or any conduct that results in the death of another.

 

Practice Areas