ProMedica Lawsuit? Our Nursing Home Abuse Lawyers Hold ProMedica Senior Care Accountable
If you suspect that your loved one has been abused or neglected at a ProMedica nursing home and you would like to investigate a negligence case, you likely have many questions. Our elder abuse lawyers are ready to help.
At Senior Justice Law Firm, our law firm’s focus is on achieving justice for families wronged by abusive and neglectful nursing homes. This is all that we do. And our law firm has sued ProMedica nursing homes for years.
Free Case Consultation: Call us now 888-375-9998 to begin your investigation into a potential ProMedica negligence case.
Experience vs. ProMedica Matters — Demand Senior Justice Law Firm
Our attorneys routinely sue ProMedica nursing homes for neglect and negligence. We have successfully handled hundreds of cases against ProMedica, along with its sister brands, ManorCare and Heartland. With a combined 50+ years of experience in handling lawsuits against nursing homes like ProMedica, we are confident in our ability to guide you toward the best possible outcome in your case.
If you believe that you may have a case for negligence or abuse in a ProMedica facility, contact Senior Justice Law Firm today. We would be happy to speak to you during a free consultation. Our skilled nursing home abuse lawyers are available to answer your questions now, toll-free, by calling 888-375-9998, by using the live chat feature, or by filling out the Free Case Consultation form.
How Do I Know if I Have a Case Against a ProMedica Nursing Home?
Common red flag injuries that indicate nursing home abuse include:
- Bedsores, Pressure Sores, or Decubitus Ulcers
- Medication Mistakes
- Falls Resulting in Broken Bones or Brain Bleeds
- Infections, Infected Picc Lines, Surgical Site Infection, Catheter Infections, UTIs, and Sepsis
- Wrongful Death
- Unexplained Fractures
- Attacks by Other Residents or Staff
- Dehydration & Malnutrition
- Unexplained Sudden Death
- Sexual Assault and Rape
If you suspect that abuse or neglect has occurred, do not wait to speak out. Speak with our lawyers to examine whether you have a valid claim against a ProMedica nursing home. We can assist you with reporting the abuse or death to the correct state and local agencies as well as fighting for the justice and compensation that you deserve.
Lawsuits Against ProMedica for Nursing Home Abuse
Legal Problems with the U.S. Government
Recently, a ruling from US Department of Justice determined that ProMedica was in violation of anti-trust law for coming to an agreement with neighboring systems to shift advertising efforts. This agreement set down rules stipulating that ProMedica, Hillsdale, and Community Health Center would allocate territories for marketing and sidestep the laws surrounding competition.
This means that ProMedica agreed only to advertise within a certain marketing area (and the other systems would abstain), allowing ProMedica to posit itself as the only source of healthcare and remove competition that would otherwise drive prices down. This unlawful decision removed critical information and decision-making from the public. It is unclear why ProMedica conspired with other healthcare providers and came to this arrangement. However, the government clearly believed it was due to ProMedica’s focus on monetary gain over the health and wellness of the people.
“These [healthcare providers] conspired to deprive consumers and physicians of important health information and education . . . Instead of putting patients first, these [healthcare providers] secretly agreed not to compete.” Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division.
When a nursing home chain focuses on its profits over its people, the results can be fatal. This may drive poor nursing home outcomes as a result of understaffing and other abusive and negligent behavior.
Individual Nursing Home Negligence Lawsuits Against ProMedica Facilities
As families continue to experience the side effects of profit over care, our attorneys continue to fight for justice against ProMedica facilities. Among the most common signs of abuse found in ProMedica-owned nursing homes are bedsores. Ulcer-like skin lesions, bed sores are a certain sign of nursing home neglect; they can be easily prevented by simply repositioning a resident every few hours.
Following bedsores, the injuries sustained from falls are some of the most frequent abuses that residents suffer. Nursing homes have a responsibility to adequately mitigate the risk of falling, and facilities that do not do their due diligence to remove trip hazards and slippery surfaces are liable for the injuries and even deaths of the residents who are injured as a result. Additionally, when a resident is a fall-risk, the facility must implement appropriate fall preventative measures. These include increased supervision, assistance with walking and toileting, bed alarms, floor/pad sensors, bed rails and mats by the bed.
Senior Justice Law Firm has also fought for compensation when nursing homes have reacted inappropriately to infections such as UTIs, infected picc lines and catheters, or residents with sepsis. When a resident is exhibiting signs of infection (fever, coughing, swelling, confusion or lethargy), the nursing home must take action immediately. Failure to timely react to a sick resident is a form of nursing home abuse.
Additionally, our attorneys handle cases related to physical and sexual assault, both at the hands of staff and other residents.
No matter what sort of injury or pain your loved one experienced at a ProMedica nursing home, you will need to rely on a skilled nursing home abuse lawyer to represent you in your potential lawsuit. Our firm employs expert witnesses that analyze ProMedica’s cost reports to discover staffing issues that may have led to your situation. When a nursing home prioritizes profits over the health of its residents, your loved one is more vulnerable to injuries and even wrongful death.
In order to ensure that you have the best chance of success in your ProMedica lawsuit, it is critical that you work with a nursing home abuse law firm that is familiar with the company’s corporate structure. Let our team of compassionate and experienced attorneys guide you on your journey to justice.
Notable Verdicts Against ProMedica Nursing Homes
ProMedica has been the Defendant in a number of negligence and abuse cases. Past verdicts against ProMedica include:
United States of America and State of Michigan v. W.A. Foote Memorial Hospital, D/B/A Allegiance Health
In this Michigan case, the court held W.A. Foote Memorial Hospital, d/b/a/ Allegiance Health; Hillsdale Community Health Center; Community Health Center of Branch County; and ProMedica Health System, Inc. in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1 and Section 2 of the Michigan Antitrust Reform Act, MCL 445.772. The federal district court in Ann Arbor approved a consent decree after it was alleged that ProMedica and its neighboring healthcare systems acted in a manner that was per se unlawful under the Sherman and Michigan Antitrust Acts. The defendants in the case allegedly worked together across counties to create a plan for marketing their services in each other’s counties.
In other words, ProMedica intentionally marketed itself such that it appeared to be the only healthcare option in its area, which allowed it to skirt the competitive market and set prices as it desired without the controlling factor of rival competition. This also impacted the local public, who were not able to make informed decisions about their healthcare due to the pre-arranged marketing agreements.
In addition to the installation of a number of antitrust compliance officers, the defendants were ordered to pay to the United States a sum of $5,000 and $35,000.
Settlement Agreement Between the United States of America and ProMedica Health System Under the Americans with Disabilities Act
In a settlement between the United States and ProMedica, a number of complaints were detailed regarding accessibility of services and proper treatment under the Americans with Disabilities Act. In one instance, a deaf patient informed staff that video remote interpretation was not working as a communication tool because she could not see the screen to watch the interpreter. ProMedica staff recorded this as the patient refusing to use the video remote interpretation. After this, the ProMedica staff did not provide any interpreter, on video or in person, to the patient.
The patient and their son made numerous follow-up requests to acquire an on-site interpreter. However, ProMedica failed to offer an interpreter over the course of treatment, and when one was finally available, the interpreter stayed only for a short time. This required the patient’s son to regularly leave work and interpret for the patient, which resulted in significantly delayed care.
This is just one of a number of cases detailed within the settlement in which ProMedica failed to adequately communicate with patients who needed accommodations. In many cases, the resulting health outcomes were poor.
The ProMedica facility was required to pay out damages to each family affected in the amounts of $7,700.00, $3,400.00, $15,325.00, $7,700.00, $3,800.00, $5,100.00, $8,500.00, and $5,100.00. In addition, ProMedica was required to pay to the United States a civil penalty amount of $20,000 pursuant to 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3).
Settlement Values in ProMedica Nursing Home Lawsuits for Abuse and Neglect Injuries
Our attorneys have undertaken cases against ProMedica facilities for years. Although prior results do not indicate an expected outcome on your case, we have successfully helped hundreds of families reach a favorable settlement or verdict. Because these cases typically include a confidentiality clause, we are not permitted to share the names and settlement amounts in each case that our attorneys have successfully championed. However, the range of issues we have tackled in regards to ProMedica includes bed sores, broken bones, infections, wrongful death, and a number of other abuses.
So what is a ProMedica nursing home settlement worth? Most nursing home negligence cases settle in the range of $75,000 to $500,000, depending on case facts. This data reflects all operators, not just ProMedica.
Who is ProMedica?
ProMedica is a self-described mission-driven organization seeking to provide access to quality healthcare. The nursing home giant made moves in late 2020 to gradually incorporate its large network of nursing homes into the larger spectrum of ProMedica Senior Care.
In an effort to grow its brand, ProMedica acquired ManorCare, Heartland and Arden Courts facilities. Originally, ProMedica allowed these sister brands to keep their name. However, the company has plans to re-brand all of its facilities under the ProMedica Senior Care name. ProMedica leverages its non-profit status partly because of its hospital affiliation, also partly due to the business advantages that non-profit operators receive.
As of 2022, ProMedica was administering more than 335 individual operations, with facilities including everything from home health agencies and assisted living homes to memory care facilities and nursing homes. ProMedica is active in 25 states and sees nearly five million patient encounters per year. The company employs almost 56,000 people, more than 2,100 of whom are licensed physicians.
Most of ProMedica’s major nursing home policy decisions come out of its Toledo, Ohio headquarters. This includes the authority for the company to settle a ProMedica nursing home abuse lawsuit.
Does ProMedica Still Operate Nursing Homes?
In 2018, ProMedica decided to operate a troubled chain of nursing homes known as Manor Care and Heartland. Since taking the reins of the nursing home giant, the venture was wildly unprofitable, recording $200 million in operating losses.
In November 2022, ProMedica announced it was going to stop operating the nursing home portfolio formerly known as Manor Care.
Welltower, the REIT that owns the underlying facilities, announced a joint venture with a previous unknown company called Integra Health. The Toledo Blade referred to the venture as “a sham“, referencing a research report that claimed “Integra is just seven months old and has no track record for operating skilled nursing facilities.”
Needless to say, nursing home ownership is intentionally opaque. Shell companies are set up to obscure who really owns these facilities.
Senior Justice Law Firm Can Help
The attorneys at Senior Justice Law Firm have decades of experience bringing lawsuits against ProMedica facilities and other nursing home corporations. Let our years of experience lead you to the best possible outcome in your settlement or court case against the nursing home. Our compassionate and experienced lawyers are here to help. Call us, toll-free, for your no-obligation ProMedica consultation now at 888-375-9998.
Experience Matters. Our Nursing Home Abuse Attorneys Have It.
FAQs on Suing ProMedica for Neglect
- How long will it take for my ProMedica nursing home abuse case to settle?
How long your case will take to settle depends on your unique situation and what you expect to receive as part of your recovery. Many ProMedica claims settle quickly before a suit is taken to court. Others require litigation. Fewer go to trial. For a more detailed timeline, see below.
- How do I know if I have a viable nursing home negligence case against ProMedica?
Our experienced nursing home abuse attorneys would be happy to review your information and let you know if you may have a case. If you believe that something seems unusual about the treatment your loved one or family member received at a ProMedica facility, it is important that you continue to investigate. Common injuries resulting in litigation include bed sores, broken bones, brain bleeds and wrongful death. Our attorneys would be glad to help you with this process and offer advice during a free consultation. You can reach us at 888-375-9998.
- My family member was injured inside a ProMedica nursing home. What should I do?
The first thing that you should do if your loved one was abused in a ProMedica nursing home is to seek any necessary medical treatment—and ensure that this treatment is not performed by someone affiliated with the facility. Next, be sure to report the negligence or abuse to the agencies in your state and local area so that they can begin an investigation into what happened. If you need help reporting abuse in a ProMedica facility, our legal team can assist you. Then, be sure to speak with a legal professional who can guide you on what to do next. Senior Justice Law Firm would be happy to assist you in planning out your next steps.
- I cannot afford a lawyer right now. How much do you charge to pursue a lawsuit against ProMedica?
We understand that things are currently difficult for you, and we would like for you to focus on resolving the situation and healing first and foremost. Our nursing home abuse law firm operates entirely on contingency. This means that you will not be charged any fees or costs to pursue your case with us; we will only be paid if you are successful in recovering money, and you can use some of your recovery to pay us so that you come out with more money than you began with. Our typical attorneys’ fees are 33.3% to 40% of your total settlement or judgment.
- What is my ProMedica lawsuit worth?
If you are curious about how much you could potentially receive in a nursing home abuse or negligence lawsuit against ProMedica, it is important to remember that each case is unique. Most of the cases we pursue against ProMedica facilities settle somewhere in the low six figures ($100,000 to $250,000), but how your claim is determined will be influenced by the individual facts of your case. Reach out to speak with our attorneys about your ProMedica case at no charge and with no obligation.
Suing a ProMedica Nursing Home for Abuse: What to Expect
What steps will you need to go through to bring a lawsuit against a facility owned or managed by ProMedica? How long will it take to settle your case? These questions are common, and for good reason—they will have an important impact on your life going forward. Because these questions are so frequent, we have put together a rough timeline of what you may expect in general when you are suing a ProMedica facility for abuse or neglect:
- Pre-Suit Investigation: 10-60 days. During this investigative time, our attorneys will sit down with you to learn more about what your loved one experienced as well as how any injuries or deaths happened. If we determine that we can help you with your case at this point, we will have you sign a contract for our contingency fees and then start the process of gathering all of your family member’s medical records and information.
- Notice to ProMedica: 30-90 days. After we have compiled the relevant medical records and developed a good faith basis for filing a claim of nursing home negligence or abuse against ProMedica, we will then formally alert ProMedica that we intend to sue them. This is sometimes called the pre-suit period, and ProMedica may offer to settle during this time rather than continuing on to court. Sometimes the settlement happens over the phone with the attorneys involved, or it may occur during mediation. Many of our ProMedica cases settle here, before going to court. However, all of the parties involved must agree to the settlement in order for it to occur.
- Litigation and Discovery: 6 months to 2 years. If one or more parties does not agree to the settlement, or if ProMedica is unwilling to offer an adequate settlement figure, we will move on to file a formal lawsuit. This is called a Complaint, and once we have filed it, we will begin the discovery phase. This involves obtaining critical documents from ProMedica such as medical records, incident reports, and financial records from the company. We will also take statements from any witnesses during this time (called a deposition). We will seek out depositions from employees and staff at ProMedica in addition to any other relevant witnesses. Expert witnesses are also disclosed during this time period and their opinions are explored during deposition. Most cases settle in litigation but before trial.
- Trial: 3 days to 2 weeks. If you cannot reach a settlement and the lawsuit brings you to court, we will try the claim against ProMedica. This trial can last a few days or a few weeks depending on the situation. If the facts are clear-cut or ProMedica admits liability, it may be on the shorter end.
Abused and Neglected in a ProMedica Facility?
Investigate a ProMedica Nursing Home Lawsuit Today
If you or a loved one was abused or neglected at a ProMedica facility, it is important that you act quickly. Call our skilled nursing home abuse attorneys at 888-375-9998. If you prefer to type instead of talk, you are welcome to fill out the case evaluator form below and start the conversation. All consultations are free, and we are happy to help.