Nursing Homes Can Mislead About Fees and Services

January 15, 2019 | Attorney, Matthew Dolman
Nursing Homes Can Mislead About Fees and Services

Deceptive Nursing Home Bait and Switch Lawsuits

According to the Center for Disease Control (CDC), there are roughly 1.4 million people living in nursing homes as of 2014. Not only has this statistic grown in the years since but the rate of increase itself is growing as well. With every year that passes, more people live in nursing homes and the number of new residents grows as well. Nursing homes rush to provide their services to all the elders in need of long term care. They are for-profit businesses after all. A majority of nursing homes take the services they offer very seriously and strive to provide the best level of care to their elderly residents. They understand that the elderly in need of long term care are particularly vulnerable and ensure that they are given fair and reasonable fees for clearly outlined services. On the other hand, there are a few nursing homes that see the vulnerability of the elderly as an opportunity for deception and exploitation. These nursing homes may mislead prospective nursing home residents to their care with the promise of certain fees and services offered but upon moving into a facility will have those fees and services fail to be honored. This can often cause harm to an elderly person that was counting on a certain level of care but instead finds out that they were misled by a nursing home eager to pocket their money.

Legal Action Against Nursing Home Deception over Fees and Services

The elderly in need of long-term care at resting homes and similar care facilities have consumer rights that protect them from nursing homes misleading and deceiving them about fees and services provided. Nursing home resident's rights are guaranteed by the federal 1987 Nursing Home Reform Law. This law ensures that a variety of aspects of nursing home resident's care and quality of life are protected from those that would seek to exploit them. Nursing home residents have the right to be fully informed of all the services and fees that are applicable to their care. They deserve to be fully informed of all the following according to federal nursing home reform law.
  • Available services
  • Charges and fees for each service
  • The address and telephone number of the State Ombudsman and state survey agency
  • Assistance if a sensory impairment exists
  • Facility rules and regulations, including a written copy of resident rights
  • State survey reports and the nursing home's plan of correction
  • Advance plans of changes in rooms or roommates
  • Residents have a right to receive information in a language they understand (Spanish, Braille, etc.)
In addition to these, a nursing home resident has the right to have a hand in determining the course of their own care and being aware of all the details and options for that care. The following are aspects of elder care they have a right to have a hand in as specified by federal nursing home reform laws.
  • Receiving adequate and appropriate care up to care standards
  • Information of all changes in medical condition
  • Participation in their own assessment, care-planning, treatment, and discharge
  • Ability to refuse medication and treatment
  • Refusal of chemical and physical restraints
  • Review one's medical record
  • Freedom from charge for services covered by Medicaid or Medicare

How do Nursing Homes Mislead the Elderly?

When the elderly reach a point in age where they must make a decision as to how they are going to live out their later years with the assistance of a care facility, they can be taken advantage of by a nursing home. While in this process, a nursing home may make all kinds of promises as to what their facility has to offer in terms of care and exactly how much it will all cost. For the most part, the information given is accurate but occasionally a nursing home will mislead people with a bait and switch. Basically, they will make promises that sound good to a prospective nursing home resident to get them in the door but will fail to deliver on them or claim that they are no longer available. These things can be anything from the level of individual care given to the level of privacy afforded to residents. This can often cause injury to nursing home residents that were depending on a certain aspect of care and are now denied it because of an underhanded sales strategy. 

Financial Exploitation of Nursing Home Residents

In other instances, a nursing home may take advantage of an elderly resident by financial means. Nursing home residents have very vulnerable finances that only ever shrink in value unless they have a familial benefactor which many do not. These finances are primarily exploited by deceitful nursing homes via fees that they will manipulate in different ways to maximize the amount of money they can take from a resident. For example, fees can be double charged, overcharged, or charged for services they did not use. A resident could be offered services and not told about the fees that service entails. In other cases, a resident may already be paying fees and not be told about certain services that are available with their purchase. Another big issue is lack of informing a resident about Medicaid/Medicare coverage for a service and charging them.

Nursing Home Abuse Claims

Those that have been exploited by nursing homes and had their rights as residents infringed upon reserve the right to seek compensation for the damages a nursing home caused. A nursing home abuse claim can hold those responsible for taking advantage of the elderly responsible and help to ensure that their behavior is not repeated again. With the aid of a nursing home abuse lawyer, you can take legal action to prove that a nursing home or other liable party infringed on your rights and successfully pursue a claim.

Seek an Experienced Florida Elder Abuse Attorney

If you or a loved one have suffered an injury due to the neglect of an assisted living facility, nursing home, or other similar facilities, then do not hesitate to contact Dolman Law Group Accident Injury Lawyers, PA about a free consultation on your possible claim. Our skilled lawyers will sit down with you to lay out your options for legal action and how they can use their expertise to secure you the settlement that you deserve. With the lawyers of Dolman Law Group Accident Injury Lawyers, PA on your side, you can rest easy knowing that you have a law firm that can back up their claims with a long list of successful cases. Your case will be given the personal attention one would expect from a small firm but will benefit from the resources and reap the results of a large firm. The damages you suffered should not go uncompensated. Consider Dolman Law Group Accident Injury Lawyers, PA as your representation in your pursuit to hold those responsible for your injuries accountable for their negligence. For a free consultation on your claim you can contact us online or call (727) 451-6900 Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 (727) 451-6900


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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