Wrongful Evictions From Nursing Homes
There are two types of discharge from a nursing home: voluntary and involuntary. When a nursing home resident agrees that it is time to leave a nursing home, there is a voluntary discharge. However, there are circumstances in which a nursing home resident does not agree with the discharge and needs further care, and this is an involuntary discharge or eviction. Nursing homes may target residents for eviction for improper reasons, such as signs of dementia-related aggression or retaliation for family members’ complaints about the treatment that they are receiving, or because they require more care.
It is traumatic for a vulnerable resident to go through a wrongful nursing home eviction. Residents have been left at their family's homes without warning or left at homeless shelters or in waiting rooms, and these actions can result in injuries or illnesses. If you or a loved one was injured as a result of a wrongful eviction from a nursing home, you may be able to recover damages.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
-
$850,000 $850k Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
-
$100,000 $100k for Woman Involved in Rear-End Collision With Neck Injury
For Woman Involved in Rear-End Collision With Neck Injury
-
$750,000 $750k for Neck Injury Involving Commercial Vehicle
Neck Injury Involving Commercial Vehicle
-
$350,000 $350k for Knee Injury Caused by Tractor Trailer
Knee Injury Caused by Tractor Trailer
-
$172,500 $172k for a Woman Who Injured Her Leg at Her Neighbor’s House
For a Woman Who Injured Her Leg at Her Neighbor’s House
Federal Guidelines
A nursing home’s failure to abide by the Nursing Home Reform Act of 1987 may be evidence of negligence. These federal guidelines include protection against unlawful evictions and transfers. There are several specific circumstances in which federal law permits nursing home facilities to evict residents. These include when the resident endangers the health or safety of others in the facility, the resident does not require the nursing home’s services anymore, the resident does not pay for care, the nursing home is shutting down, or the nursing home cannot satisfy the resident’s needs.
Sometimes, nursing homes try to involuntarily discharge a resident because they no longer have Medicare coverage. Involuntary discharge may also occur because the nursing home wants to put higher-paying residents in their beds. Residents who pay privately or who are on Medicare pay more than those on Medicaid, and a nursing home that puts profits ahead of patient care may prefer to take those patients.
Contact an Experienced Atlanta Attorney
If you were injured by a wrongful eviction from a nursing home in Georgia, you should talk to the seasoned personal injury attorneys at Van Sant Law. As an adapting and safety-conscious law firm, we can sign you up electronically without face-to-face interactions if needed, but we can also visit you in your home.
We have offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville, and our lawyers represent clients throughout Georgia. Call us at (800) 234-9556 or complete our online form.
-
Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
-
Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
-
Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
-
Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
-
Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
-
No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
-
"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
- Mary -
"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal -
"I am beyond grateful for the exceptional service provided by Van Sant Law firm."
From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
- Tina R. -
"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
- Abby C. -
"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
-
"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
- Juan S. -
"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
- Chase V.
Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
Procedures for Eviction
Even when the circumstances are appropriate for an eviction, a nursing home needs to follow proper procedures for an eviction to be lawful. When a nursing home is discharging a resident, it needs to provide written notice of the discharge to both the resident and their family or guardian.
The written notice needs to specify the reason for the discharge, the place to which the resident will be discharged, and contact information for the long-term care ombudsman in the area. Unless there is an emergency, written notice needs to be received a minimum of 30 days before the date of discharge.
A nursing home resident who is being pressured to leave or threatened with eviction can take certain measures. It may be possible to file an appeal with the long-term care ombudsman immediately after receiving the discharge notice. A nursing home resident cannot be discharged if there is a pending appeal. It may be appropriate to file an application for Medicaid. Someone waiting for Medicaid approval cannot be turned out of the nursing home while the application is pending.
If a loved one was injured or died as a result of a wrongful eviction, it may be possible to recover damages for any losses suffered in a nursing home negligence lawsuit.
.2410180755550.png){kind=logo}
.2410171551550.png)
