Rapid City, South Dakota 57702
Phone (605) 348-7300
Toll Free (800) 998-3998
Fax (605) 348-4757
Nursing Home Abuse & Neglect
The most recent AARP profile of long-term care reflects that South Dakota is second from the bottom (49th) in the nation in terms of number of direct care nursing hours per day given to long-term care residents. “Direct care nursing hours” includes all care given to nursing home residents in a day by RN’s, LPN’s or nursing assistants.
Putting your loved one in a nursing home is one of the most difficult decisions your family will make. It is important to select the right nursing home, a nursing home that can be trusted to give your loved one the care and dignity he or she deserves.
The nursing home you choose is paid to provide trained, quality caregivers and to protect your loved one when it is no longer possible for them to care for themselves. There are numerous state and federal laws and regulations which a nursing home must follow to ensure the safety of the individuals entrusted to them. Unfortunately, at times nursing homes put profit ahead of people. They operate short on staff because it will help their “bottom line.” They hire unqualified, poorly trained or unmotivated staff to attend to the residents. The result is substandard care and in some incidences outright abuse. Examples of Nursing Home Abuse and Neglect
- Pressure sores as a result of failing to reposition residents often
- Failure to take necessary precautions to prevent falls
- Failure to provide proper nutrition and hydration
- Over or under medicating a resident
- Emotional or verbal abuse of a resident
- Physical abuse of a resident by staff or other residents
- Sexual assault or rape of a resident
Experienced Nursing Home Neglect and Abuse Attorneys
We are advocates for nursing home residents and their families. Attorneys Greg Eiesland and Aaron Eiesland have successfully resolved numerous cases throughout the state of South Dakota and the surrounding areas through settlement, mediation, arbitration and trial. We work with national experts in nursing home care to uncover abuse and neglect in nursing home facilities.
Greg Eiesland and Aaron Eiesland are active within the Nursing Home Litigation group of the American Association of Justice. Greg has spoken on the state and national level as it regards nursing home abuse and neglect. Aaron has presented repeatedly to the South Dakota State Bar regarding nursing home abuse and neglect.
If you suspect your loved one has been a victim of neglect or abuse, please call 1(800)998-3998 to speak to a specialized nursing home abuse and neglect attorney or submit your information on our contact page. It is also important to file a complaint with the director of nursing and the administrator of the facility as well as with the state’s ombudsman and Department of Health. We will be happy to assist you in finding the proper state and local authorities.
The Law Firm You Choose Makes A Difference!
It has come to our attention through the representation of several nursing home residents that Beverly Enterprises and perhaps other nursing home groups are often demanding that the resident and/or their representative sign a mandatory arbitration agreement before being admitted to the nursing home. By signing these agreements, of course, the resident or resident's representative is relinquishing all rights to have any grievances regarding the nursing home's care heard in a court of law. These agreements are most often presented to the resident or the residents representative at a stressful time with numerous other documents that need to be signed to accomplish the admission, and often they are not explained in any manner.
The Commission on Health Care Dispute Resolution, which consists of members of the American Arbitration Association, the American Bar Association, and the American Medical Association, issued a report in which one of their recommendations reads as follows:
"In disputes involving patients, binding forms of dispute resolution should be used only where the parties agree to do so after a dispute arises." (Emphasis supplied.)
The American Health Lawyers Association has stated that for cases filed with their Alternative Dispute Resolution Service after January 1, 2004, the Service will only administer consumer health care liability claims if an agreement to arbitrate was entered into by the parties in writing after the alleged injury occurred.
Responsible health care providers should not require patients to sign mandatory arbitration agreements waiving their right to have their disputes heard in court before any dispute arises.
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