Nursing home negligence is a violation of a standard of care, a violation of federal or state laws/regulations, or a…
The National Institutes on Health reported, in a post by Dr. Francis Collins, that "One of life’s greatest mysteries is…
Statutory, Regulatory and Administrative References 42 U.S.C. § 1395i-3. Medicare: Requirements for, and assuring quality of care in, skilled nursing…
Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005). Maria Rubio was a nursing home resident suffering from…
United States ex rel. Szymczak v. Covenant Healthcare Sys., 2006 U.S. App. LEXIS 32112 (7th Cir. 2006). James Szymczak brought…
Ostrom v. Manorcare Health Servs., 2007 U.S. Dist. LEXIS 4106 (D. Mich. 2007). Plaintiff, an Alzheimer’s patient, exited the nursing…
Rucker v. Indianola Health & Rehab. Ctr. 2006 U.S. Dist. LEXIS 71192 (D. Miss. 2006). Plaintiff filed wrongful death action…
Russell v. Nat'l Heritage Realty, Inc., 2007 U.S. Dist. LEXIS 640 (D. Miss. 2007). Plaintiff filed suit against Indianola Health…
Martin v. Lafon Nursing Facility of the Holy Family, Inc., 2007 U.S. Dist. LEXIS 3644 (D. La. 2007). Plaintiff filed…
Atkinson v. Manor Care Health Servs. 2006 Iowa App. LEXIS 744 (Iowa Ct. App. 2006). After instructing the jury, the…
Bennett v. Beverly Enters., 2006 U.S. Dist. LEXIS 75561 (D. Miss. 2006). Plaintiff filed suit alleging that Defendants participated in…
Am. Econ. Ins. Co. v. Jackson, 2007 U.S. App. LEXIS 3232 (8th Cir. 2007). This case involves an insurance coverage…
Cline v. Living Ctrs. of Tex., Inc., 2007 Tex. App. LEXIS 2044 (Tex. App. 2007). Jury returned a defense verdict…
Redwood v. Dobson, 476 F.3d 462 (7th Cir. 2007). The court identifies this litigation as a “grudge match.” When counsel…
Wilcox v. Gamble Guest Care Corp., 928 So. 2d 695 (La. Ct. App. 2006). Plaintiff appealed after trial court sustained…
Forsythe v. Clark USA, Inc., 2007 Ill. LEXIS 434 (Ill. 2007). Two mechanics were killed at a refinery. Later, their…
Lakeridge Villa Health Care Ctr. v. Leavitt, 2006 U.S. App. LEXIS 27338 (6th Cir. 2006). Lakeridge is an Ohio nursing…
Marmet Health Care Center v. Brown, 132 S. Ct. 1201 (2012). Marmet began as three seperate cases in West Virginia.…
Trust corpus found to be countable ( R.I. Super.) ------------------------------------- Jeanne M. Biagetti established a revocable trust in 1998. According…
Another Court Rules that NHRA is a toothless tiger (E.D. Mo.) Elgin James filed suit alleging that he developed bedsores…
CMS has no obligation to accept an MSP liability allocation without an adjudication on the merits (W.D. Kentucky) In this…
Transfer of Partnership Interest Was Not Immediate Gift (TC) ------------------------------------------ The tax court was faced with whether gifts petitioners made…
Clear and convincing evidence supported establishment of conservatorship (TN App) ------------------------------------------ Petitioners petitioned for the appointment of a conservator for…
A filial responsibility law is one making relatives financially responsible for the care of another. Virtually every state requires parents…
“Right to Live” appeal dismissed as moot (N.J. Super.) ------------------------------------------ Rueben Betancourt underwent surgery to remove a malignant tumor from…
Probate heir has no property right in conservatorship estate (Ga.) ------------------------------- Opal Stewart was appointed as her father’s conservator. After…
Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated…
Trustee had discretion to assess defense costs to wayward son (Ga. App.) ------------------------------------ Howard McPherson established an irrevocable trust in…
The National Guardianship Association announced a date correction for the following event: Is it Alzheimer's or Normal Aging Thursday, August 26,…
Hogberg v. State Dep’t of Soc. Servs., 2009 Conn. Super. LEXIS 50 (2009). Lynda Hogberg was admitted to a nursing…
James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006). Robert and Josephine James were married when Robert went…
The Deficit Reduction Act of 2005, Pub. L. No. 109-171 (Effective date February 8, 2006). The Deficit Reduction Act of…
Harris v. McRae, 448 U.S. 297 (1980). The Medicaid program created by Title XIX is a cooperative endeavor in which…
CMS: Centers for Medicare and Medicaid Services. Community Spouse The spouse of an institutionalized spouse. 42 U.S.C. § 1396r-5(h)(2). CSMIA:…
In a study of 11 medical-mystery patients, an international team of researchers led by scientists at the National Institutes of…
The following Stats and reports were released on June 1, 2021, by the National Center for Health Statistics: In recognition…
On June 22, 2021, PBS will air Mysteries of Mental Illness. It explores the story of mental illness in science…
Michael Mogil, creator of Crisp Video, says: We’re on a mission to help over 1,000 law firm owners grow their…
"It Is Well With My Soul," written by hymnist Horatio Spafford, is the ultimate statement of trust in God's goodness.…
On May 31, 2021, as were honor those Veterans who made the ultimate sacrifice to protect our freedom, we also…
On May 31, 2021, Xavier Becerra, Secretary of U.S. Health & Human Services, wrote to Celebrate Older American's Month by…
When you want to get kids (of any age) excited, you buy donuts. Well, there's a place I recently discovered…
A huge shoutout to Mission BBQ. The Chattanooga, Tennessee location is 1926 Gun Barrel Road, Chattanooga, TN 37421 (423-933-3098). Yesterday,…
Self-care while serving as a caregiver is essential to reduce the risk of burnout. Learn the common symptoms of compassion…
FRONTLINE and NPR investigate the growing inequities in American healthcare exposed by COVID-19. The documentary examines how pressure to increase…
The National Institutes of Health recently published its News in Health Special Issue Collecting Popular Stories from past issues that…
Administration for Community Living releases 2020 Profile of Older Americans. The Profile of Older Americans is an annual summary of…
David McGuffey did this interview with Elva Combs and Dan Combs several years ago, but it's still worth a look.…
On July 29, 2016, the Elder Law Practice of David L. McGuffey hosted a Special Needs Roundtable in Dalton, Georgia.…
FRONTLINE and NPR investigate the growing inequities in American healthcare exposed by COVID-19. The documentary examines how pressure to increase…