Geoffrey E. Schorr Medical Malpractice Law Blog on Lawyers.com

TEXAS NURSING HOMES - SOME HAVE IT, SOME DON'T

Sunday, January 25, 2009 by Geoffrey E. Schorr

If you are thinking about placing a loved one in a Texas nursing
home, or if you have loved ones in Texas nursing homes, you may wish to
research the issue of medical malpractice insurance and whether the
nursing homes you are considering, or the nursing homes in which your
loved ones reside, maintain adequate medical malpractice insurance, if
any. Consumers and health care providers should view medical
malpractice insurance as protection for residents of nursing homes and
their families, and not view medical malpractice insurance solely as
protection for nursing homes or their investors from liability stemming
from malpractice.

In December, the Dallas Morning News reported that one-third of
Dallas area nursing homes received the “lowest possible Medicare
rating.” Nursing homes that fail to score well with the Medicare
rating system are likely nursing homes that also have numerous
complaints and violations. Complaints and violations are generally
related to under-staffing, improper procedures and unsanitary
conditions. Nursing homes that have issues in these areas are more
likely to commit medical malpractice. Moreover, if a particular
nursing home is unable to maintain proper staffing, implement and
follow proper procedures and provide a sanitary environment, chances
are malpractice insurance is not a high priority.

Most Texas nursing homes are owned by for-profit companies. To
maximize profits, some companies allow their nursing homes to operate
with very cheap, insufficient or no insurance, providing little or no
protection to nursing home residents and their families in the event of
malpractice. Consumers should be wary of nursing homes that have
regular complaints and/or violations as those nursing homes are the
ones that may be more likely to have little or no insurance.

To research Texas nursing homes, and to learn about violations and
complaints concerning individual nursing homes, consumers should visit
the Texas Department of Aging and Disability Services’ website.

Posted at 15:03 PM

Topic: Medical Malpractice