Havre, MontanaHavre Nursing Home Abuse
Havre Nursing Home Abuse Lawyers: Neglect, Falls, Bedsores and Elder Abuse in Hill County and Hi-Line Care Facilities
Boland Aarab PLLP.
Many families on the Hi-Line live hours from the parent or grandparent they have placed in care, and winter roads can keep them from visiting for weeks. That distance is often when neglect goes unnoticed. If a resident of a Havre-area nursing home is being abused or neglected, report it first, then get legal advice. Claims against a licensed nursing home generally must be filed within 2 years and usually go through the Montana Medical Legal Panel.
If someone is in danger right now, call 911. Then, for legal help: Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What long-term care is available around Havre?
Northern Montana Care Center. The largest long-term care facility in Havre is the Northern Montana Care Center at 24 13th Street, part of Northern Montana Health Care. It has 135 private resident rooms and connects directly to Northern Montana Hospital (NMHC). It offers skilled nursing, rehabilitation and memory care.
The hospital connection is a real advantage for residents. It also matters in a case. When a resident falls, develops a pressure injury or becomes septic, the records show how quickly the care center recognized the problem and got the resident to the hospital. Those records are held in the same health system.
Across the Hi-Line. Residents from Chinook, Harlem, Chester, Shelby, Big Sandy and the farms and ranches between them often move to care wherever a bed is open. That can be Havre, a long-term care unit at a small community hospital, or a facility in Great Falls. The same federal rules apply to every nursing home that takes Medicare or Medicaid.
What does neglect look like in a Hi-Line facility?
The harms we see are familiar: falls from unassisted transfers or missed fall-prevention plans; pressure injuries (bedsores) from a resident not being repositioned; dehydration, malnutrition and weight loss; medication errors; wandering and elopement by residents with dementia; and physical, sexual, emotional or financial abuse by staff, other residents or visitors.
Some risks are local. Rural facilities often struggle to hire and keep staff, and short staffing is a frequent cause of neglect. Winter makes a resident who wanders outside a life-threatening emergency. Families who can’t visit often depend on phone calls and on what staff tell them. Records and staffing data are how we check what staff said against what actually happened.
What happens after nursing home abuse in Havre?
Report it. Call 911 in an emergency. To report suspected abuse, neglect or exploitation of an older or vulnerable adult, call Montana Adult Protective Services at 1-844-277-9300. You can also contact the State Long-Term Care Ombudsman at (800) 332-2272 (DPHHS). If a crime may have been committed, report it to the Havre Police Department or the Hill County Sheriff’s Office as well.
The facility’s duties. Nursing homes that take Medicare or Medicaid must protect residents from abuse and neglect. They must report suspected abuse to the state within 2 hours when it involves abuse or serious bodily injury (42 C.F.R. § 483.12). Ask the facility for its incident report, and ask whether it reported the incident.
Records and photographs. Photograph injuries and bedsores with the date. Request the resident’s full chart, care plans, medication records and the related hospital records.
Courts. A claim against a Havre facility is generally filed in the Twelfth Judicial District Court at the Hill County Courthouse, 315 4th Street (§ 3-5-101, MCA), after the Medical Legal Panel process where it applies. If the facility is owned by an out-of-state corporation, the case may be moved to the federal Great Falls Division (D. Mont. L.R. 1.2(c)(3)).
Montana law that applies
Our Montana nursing home abuse lawyer page explains these rules in depth:
- Negligence claims against a licensed nursing home generally must be filed within 2 years (§ 27-2-205, MCA), and usually go through the Montana Medical Legal Panel first. Assisted living facilities are excluded from the panel (§ 27-6-103, MCA).
- A nursing home can’t make an arbitration agreement a condition of admission (42 C.F.R. § 483.70). Read any admission packet carefully before signing.
- If a resident dies, the family may have a wrongful death and survival claim (§ 27-1-513, MCA).
Why hire a Great Falls firm for a Havre case?
Families on the Hi-Line are used to driving to Great Falls for specialized care, and our office is there. We handle cases statewide and come to Havre to meet families, visit facilities, and take depositions of administrators and staff. We do not have a Havre office. Distance is also no obstacle for families: much of our work with them happens by phone and video, with in-person meetings when they matter.
The Boland Aarab Way
- We hold institutions accountable. Our work includes a $550,000 civil-rights and wrongful-death settlement against a Montana county (Estate of Alexander v. Cascade County).
- We try cases. Our attorneys have spent more than 4,000 hours in the courtroom, including jury trials in Phillips County on the Hi-Line.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We belong to the trial bar. Both attorneys belong to AAJ and MTLA, and Caitlin Boland Aarab serves on the MTLA Board.
Related Havre pages: medical malpractice · wrongful death · Havre personal injury.
Frequently Asked Questions
Who do I call about suspected neglect at a Havre nursing home? Call 911 if there is immediate danger. Otherwise, call Montana Adult Protective Services at 1-844-277-9300 or the Long-Term Care Ombudsman at (800) 332-2272. Report possible crimes to the Havre Police Department or the Hill County Sheriff.
My mother fell at a care center and was taken to the hospital next door. Is that neglect? Not every fall is neglect. The question is whether the facility assessed her fall risk and followed her care plan. Records from both the care center and the hospital help answer it.
We live on a ranch hours away and couldn’t visit all winter. Does that hurt our case? No. The facility is responsible for the resident’s care, whether or not family visits. Being far away is often why families have to rely on records and a lawyer to learn what happened.
Do I have to arbitrate? Not necessarily. A nursing home that takes Medicare or Medicaid can’t require arbitration as a condition of admission. Whether a signed agreement can be enforced depends on its terms and how it was signed.
How long do we have to bring a claim? Generally 2 years for negligence claims against a licensed nursing home, with the Medical Legal Panel process first. Claims against assisted living facilities follow different rules. Don’t wait.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
