What’s the difference between nursing home cases and other tort cases?
The prosecution of a nursing home claim is unlike any other type of litigation. Under Montana law (some statutes are copied verbatim below if you want the details), nursing homes fall under medical malpractice laws. Not only do the medical malpractice laws in Montana have different limitations periods, expert testimony is also required to prove negligence.
Nonetheless, a nursing home claim should not be pursued as solely as a claim for medical malpractice. The focus of a nursing home case should be on the circumstances leading up to the injury or death and not necessarily on the medical aspects of the injury or death. The nursing home’s business philosophy and the resulting corporate decisions should be examined.
Nursing homes also promise that they will take care of each person to the best of their ability. When a nursing home breaches this promise, it should be held accountable to the full extent of the law. Basic human rights elements of elder abuse and neglect should be considered. That’s where an experienced nursing home abuse lawyer like Philip McGrady will make a difference. Contact McGrady Law for a free initial consultation.
The Nitty-Gritty of Montana law in defining nursing homes
For those who want to dig into the details of Montana law, here are some of the relevant statutes, verbatim:
“Health care facility” means a facility licensed as a health care facility under Title 50, chapter 5….(b) For the purposes of this chapter, a health care facility does not include:(i) an end-stage renal dialysis facility;(ii) a home infusion therapy agency;(iii) a residential care facility; or(iv) a governmental infirmary, except a university or college infirmary.
Mont. Code Ann. § 27-6-103.
(7) “Assisted living facility” means a congregate residential setting that provides or coordinates personal care, 24-hour supervision and assistance, both scheduled and unscheduled, and activities and health-related services.
Mont. Code Ann. § 50-5-101.
(26)(a) “Health care facility” or “facility” means all or a portion of an institution, building, or agency, private or public, excluding federal facilities, whether organized for profit or not, that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any individual. The term includes chemical dependency facilities, critical access hospitals, eating disorder centers, end-stage renal dialysis facilities, home health agencies, home infusion therapy agencies, hospices, hospitals, infirmaries, long-term care facilities, intermediate care facilities for the developmentally disabled, medical assistance facilities, mental health centers, outpatient centers for primary care, outpatient centers for surgical services, rehabilitation facilities, residential care facilities, and residential treatment facilities.(b) The term does not include offices of private physicians, dentists, or other physical or mental health care workers regulated under Title 37, including licensed addiction counselors.
Mont. Code Ann. § 50-5-101.