How a 2023 Supreme Court Ruling Helps Victims of Nursing Home Abuse

In June of 2023, the United States Supreme Court ruled on Health and Hospital Corporation of Marion County et al. v. Talevski. The basis of this case was the quality of care provided in nursing homes and whether the Federal Nursing Home Reform Act (FNHRA) allows for a right to sue that can be enforced. Enforcing such an action would be based on the Civil Rights Act, Section 1983.

If you or a relative is in a nursing home and you have questions about the care being received that you believe could lead to legal action, contact Lopez McHugh LLP for a free consultation. The warning signs are sometimes there, and trusting your gut is important, as is working with experienced legal counsel.

A Brief Overview of the Case

Gorgi Talevski was a resident of a nursing home that used chemical restraints on him and then suddenly transferred him to another facility. Upon his death, his family pursued a case against the Health and Hospital Corporation of Marion County, accusing them of denying him the federal rights he was guaranteed by the Federal Nursing Home Reform Act (FNHRA), which states that residents have the right not to be restrained unnecessarily and that a process must be followed with certain conditions in place before residents can be discharged or moved.

Talevski, who has since passed, was suffering from dementia. Rather than treating his symptoms, the nursing home chose to keep him medicated and asleep, chemically restraining him. This abuse and neglect, along with his sudden move to another facility, was not in compliance with Federal Nursing Home Reform Act (FNHRA) standards.

Legalities Examined by the Court

The question the Supreme Court was tasked with answering was whether a person in a nursing home or their representative could sue for damages if the FNHRA’s standards of care were not met. The FNHRA outlined the care they could expect, and if that level of care was not delivered, was there anything that the resident or their family could do about it, legally?

The Ruling of the United States Supreme Court

In a win for residents of nursing homes and their loved ones, the United States Supreme Court determined that the Federal Nursing Home Reform Act (FNHRA) gives those protected by it the right to legal action. This means Section 1983 of the Civil Rights Act protects those residing in nursing homes so that they receive the legally prescribed standard of care.

This ruling allows residents and their families to hold nursing homes responsible if they are found to violate the standard of care required by the FNHRA. Because of this United States Supreme Court’s decision, nursing home residents’ rights are now enforceable in a new way.

How This May Affect the Rights of Those in Nursing Homes

Because of this Supreme Court ruling, nursing home residents’ rights will be significantly more protected. If they do not receive the care that they are supposed to receive, they can take legal action under federal law. This means that nursing homes will be federally liable for their actions or their failures to act with regard to their residents, hopefully further ensuring they do not harm the people in their care.

The Court’s message conveyed that the vulnerable nursing home population is valuable and should be treated with proper care. If proper care is not administered, or if residents are neglected or abused, additional federal protections are now enforceable, and the resident or their representative can pursue related legal action. Hopefully, this ruling will inspire nursing homes to put a higher priority on the safety, health, and care of their patients.

The ruling also outlines an avenue for residents who experience neglect, lack of care, or abuse to pursue compensation. As shameful as it is that a law needs to be in place and enforced in order to ensure a facility takes proper care of its residents, the residents will likely receive better care because of it.

Nursing Home Accountability

Staffing issues in nursing homes have often been blamed for neglect issues. After the Federal Nursing Home Reform Act in 1987, improvements in care began to take place. These improvements included the following:

• Urinary catheters were used less frequently
• Physical restraints were not seen as often
• Medicating patients so they would sleep and not need as much care became less prevalent
• Pressure ulcers, commonly known as bedsores, occurred less often

Though improvements were made, there were still many cases of neglect and abuse in nursing home settings. Having the standards of care outlined was a positive move in the right direction, but if the standards of care were not enforced, they were not providing the protections the residents of nursing homes needed. This most recent Supreme Court ruling will further put the management of nursing home facilities on their toes when it comes to providing proper care for their charges.

Accountability is crucial in situations where vulnerable people are under the care of nursing home facilities. This ruling will allow for compensation when the nursing home fails them. This will ensure some restitution for damages and will be an incentive for nursing homes to provide better care. Thanks to this most recent ruling, families can have increased peace of mind when it comes to the care provide for their elderly or disabled loved ones.

Contact Lopez McHugh LLP

If you fear that your family member is not receiving the care they deserve or if they are being outright neglected or abused, you have options. Speak to one of the nursing home abuse lawyers at Lopez McHugh LLP about your concerns. Our legal team has extensive experience in pursuing justice for those who are injured or killed while in nursing home care.

We can offer you guidance and advice as well as solutions. We can help you pursue compensation for the damages you or your loved one has experienced at the hands of a neglectful facility. Reach out today for a free consultation.