The wife of a Washington nursing home resident cannot sue a provider by citing a federal law that sets standards for facilities.
Congress did not make it clear when passing the Federal Nursing Home Reform Act that it was creating new rights that could be enforced through private litigation, Judge Rosanna M. Peterson ruled Wednesday. She dismissed a claim by Mildred Shanklin against the Coulee Medical Center, a community hospital in Grand Coulee, WA, that has a long-term care unit.
“It is unclear how Ms. Shanklin’s FNHRA claim would be proven or disproven if this case were to proceed to trial,” Peterson, a judge with the U.S. District Court for the Western District of Washington, wrote this week.
Shanklin claimed that her husband was a well-known fall risk, but providers allegedly did not prepare a care plan to address those concerns. Subsequently, he fell four times during a four-month period, eventually dying from his injuries, Bloomberg reported. She cited the FNHRA in her claim, noting that a “nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.”
However, Peterson ruled those allegations would be tough to prove in trial, and emphasized that the federal law stipulates the responsibilities imposed on SNFs, and not benefits due to their residents.
CMC did not immediately respond to a McKnight’s request for comment Wednesday.
