How to sue a nursing homes or assisted living home under the Americans with Disabilities Act, including nursing home negligence and the nursing home’s breach of contract, says a lawsuit filed Monday by attorneys for two Texas nursing homes.
The lawsuit, filed by attorneys at the Dallas-based law firm of Brown, Brown & Lardner, alleges negligence and breach of contracts for wrongful discharge and wrongful death caused by a nursing facility in Bakersfield, Texas.
It seeks more than $8 million in damages, including punitive damages, medical bills and attorney fees.
“In addition to the potential loss of future income, Plaintiffs have suffered emotional distress as a result of the negligence and/or the breach of the nursing homes contract,” the lawsuit says.
“They are suffering from mental health, physical and emotional disabilities and are entitled to certain medical care and services under the American Psychiatric Association (APA) definition of mental health.”
Nursing homes that have been cited for violations of the ADA, such as not providing needed nursing care, have been fined up to $1,000 a day by the Texas Nursing Home Association.
Nursings home owners who violate the ADA are subject to fines and jail time if they do not fix the problems.
The lawsuit alleges the Bakersfields nursing home was cited for failing to provide necessary nursing care to two residents in April.
In April, a court ordered the Bakerfields nursing facility to pay $2,000 to a nursinghome resident for the use of her room and a bed.
The resident, whose name has not been released, told the court she needed a nurse’s aide.
The case is scheduled for trial in May.
Bakersfield attorney John McKeon said the nursing facility’s negligence and its breach of its contract with the resident were “reckless” and “recklessly negligent” to put the resident in the room.
He added that Bakersdale residents are entitled “to have access to the services and facilities of the (nursings) home.”
“The nursing home has not taken responsibility for the consequences of its negligence and breached its contract,” McKeons lawsuit says, noting that the nursing center’s failure to follow its own guidelines on care for the resident, which was not covered under its contract, led to her death.
Bakerfields spokeswoman Jennifer Kossman said in an email that the Baksons nursing home does not discriminate against residents with disabilities.
“We respect the rights of all our clients to use the services that they want, including when they are on our premises,” she wrote.
“We take every step to ensure that our residents and residents of our facilities are treated fairly and in a safe environment.”
The lawsuit was filed Monday in the U.S. District Court for the Northern District of Texas.