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When nursing homes may not transfer those in need of care

On Behalf of | Apr 20, 2025 | Nursing Home Negligence |

Many older adults who reside in nursing homes expect to remain at that facility for the rest of their lives. The nursing home may want them to stay at the facility, as the business can charge thousands of dollars every month for a bed. However, there are sometimes scenarios in which it becomes necessary to transfer a resident. Perhaps they have Alzheimer’s disease or dementia and require a bed in a locked memory ward because they are at risk of elopement. Maybe they have pneumonia or infections that have developed because of bedsores.

There are many scenarios in which nursing home residents may require a transfer to another facility for their health and safety. Unfortunately, professionals at a nursing home may fail to arrange for a transfer, resulting in preventable medical complications.

Transfers are sometimes necessary

State law protects nursing home residents from summary ejection from their facilities and unnecessary transfers without their consent. However, there are exceptions to those rules for scenarios involving major medical issues.

If a nursing home does not have the staff or equipment necessary to provide appropriate treatment or ensure the safety of a vulnerable resident, then it may be necessary to arrange for a transfer to a different facility or a hospital. Doing so in a timely fashion and documenting the underlying medical issues that make the transfer necessary are important steps for nursing homes to take.

They have an obligation to act in the best interests of residents, even if that means losing the money that they pay. The family members of vulnerable people living in nursing homes should be able to trust the professionals at the facility to make appropriate choices given the circumstances.

The failure to notice and document concerning medical issues could constitute negligence on the part of nursing home professionals. The failure to seek a transfer when one is clearly necessary for the support of a vulnerable older adult could also lead to allegations of negligence.

A nursing home negligence lawsuit could be an option after a facility fails to arrange for a medically necessary transfer and that decision leads to harm. A lawsuit may help families recoup some of the increased expenses that result from that failure. Reviewing medical documentation with a skilled legal team can help concerned family members determine if they have grounds to take legal action on behalf of a vulnerable loved one.

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