“My 68 year-old mother is in a nursing home and developed horrible ulcers due to a lack of proper care. I just learned that there is no insurance and the business was subsequently sold to a company that tells me they do not have to pay compensation. Can this be?”
In an earlier column, I explained that facilities are not required to have insurance for claims. In this column, I am afraid to tell you that a facility can be sold without the liability attaching to the new owner. With the help of corporate lawyers, the assets of the facility can be transferred, but not the liabilities, to enable a facility to continue to operate under a new name without having to be held accountable for prior negligent acts.
Unfortunately, I have seen this in my practice with some of my clients. There are some sophisticated ways to possibly uncover assets to compensate your mother so, I strongly advise you to contact a lawyer. I also strongly encourage you to share your story with your Georgia or federal legislators because they need to know. Maybe some day we will have laws to protect all of our loved ones who are at nursing homes or assisted living facilities in Georgia.
The foregoing answer is not legal advice and is merely a general overview. You are advised to consult a lawyer to address your specific situation. If you’d like more information, please contact us today.