Health Law

How To Get Sued By a Nursing Home: Negligence

By Attorney Richard Shea

Today we continue our journey through the case of Glastonbury Healthcare Center v. Esposito. In this article, we will review how Carmine Esposito, the son of a resident at Glastonbury Health Care Center, managed to get himself sued for negligence in obtaining Connecticut Medicaid eligibility for his mother, Josephine Esposito. His mistakes cost him over  $100,000, hopefully you will avoid making the same mistake.

In addition to the breach of nursing home admissions contract claims, Glastonbury Health Care Center claimed Carmine Esposito was negligent in getting Josephine’s application for Connecticut Medicaid approved. In order for the Court to find Carmine negligent, it has to find Carmine owed a duty to Glastonbury Health Care Center to exercise reasonable care. If Carmine owed the nursing home a duty, then it must also find Carmine’s breach of that duty caused actual injury to Glastonbury Health Care Center.

The Court found Carmine Esposito owed Glastonbury Health Care Center a duty to exercise reasonable care for many of the same reasons they found him bound to the terms of an admissions contract he never signed. Specifically, the court found:

1. Carmine prepared the application for Connecticut Medicaid benefits;
2. Lucy Higgins, from Glastonbury Health Care Center, informed Carmine of his obligation to provide all information requested by DSS and to “promptly and expeditiously establish and maintain eligibility for Medicaid assistance”;
3. Carmine knew Glastonbury Health Care Center would not admit his mother unless he accepted the obligation described in #3;
4. Carmine was silent and the Court found his silence indicated consent to these obligations.

The Court found Carmine owed a duty to the Glastonbury Health Care Center to obtain Connecticut Medicaid benefits for his mother, did he breach his duty?

The Court determined that he did fail to exercise reasonable care for the following reasons:

1. Carmine failed to liquidate a bond Josephine owned in a reasonable amount of time;
2. Carmine neglected to properly apply the funds of a bank account Josephine owned within a reasonable time;
3. Carmine and his attorney failed to respond to DSS requests for information on the bond and bank account.

Carmine tried to go through the Connecticut Medicaid application and eligibility process alone and he messed up. His mistakes cost him over $100,000 that the Court determined he owed to Glastonbury Health Care Center. Carmine might have been able to save himself the $100,000 (and the litigation fees) if he had chosen to work with an experienced Connecticut Medicaid Attorney.

Full post as published by Connecticut Medicaid & Estate Planning on March 15, 2009 (boomark / email).