Resident fell at an assisted living facility; the fall caused a wrist fracture and broken ribs. She was transferred to…
Summary judgment reversed. The dispositive issue was whether plaintiff's claims were for ordinary negligence or medical malpractice, which was reviewed…
Resident's son (Miller) brought suit against physician (Cotter) as well as nursing home and three employees after his father's death.…
Edith Sepulvado was admitted to the Toledo Nursing Center, Inc. on May 1, 2001. She was 81 at the time,…
Plaintiffs filed suit against physicians, nursing home and parish coroner. The coroner filed a peremptory exception contending there was no…
The court affirmed dismissal due to prescription. Resident went from hospital to nursing home where she treated for decubitus ulcers…
This is not a long-term care case. Sanctions were awarded against the Plaintiff's attorney for improperly asserting a direct liability…
This is not a long-term care case. In Forsythe v. Clark USA, Inc., 864 N.E.2d 227 (Ill. Sup Ct. February 16,…
Margretta K. Brice died leaving two children, Janice B. Stout and Stephen Curtice Brice. After Margretta died in 2005, Stephen…
Burnice L. Barnum sued Coastal Health Services as administrator of the estate of her uncle Jimmy L. Barnum. Barnum was…
Plaintiff appealed dismissal of their claims against a nursing home and four employees based on failure to comply with O.C.G.A.…
n 2003, Frankie Walker created an irrevocable trust. After her death, her husband, Van Anda, sought to set aside the…
Porter Morrison Ryan was survived by her daughter, Mary Frances Tuttle and other relatives. After Porter died in 2003, Tuttle…
Darlene Payson was a resident at Avanta Villa at Jacksonville, a nursing home. After her death, her estate filed an…
McGillen filed suit against Extendicare, its subsidiaries, three other defendant corporations, and five individual defendants, alleging that they all operated…
Nursing home moved to compel arbitration, which was denied because it designated the American Health Lawyer's Association as the arbitrator…
Court of Appeals affirmed in part and reversed in part after trial court denied motion for new trial. Estate, substituted…
Two Defendants appealed from the trial court's denial of a motion to dismiss for lack of personal jurisdiction. The appealing…
Plaintiff filed suit for negligence and violations of the Florida Nursing Home Residents Act (Plaintiff was beaten and raped). Defendants…
This is a class action case filed against a nursing home following Hurricane Katrina. The magistrate denied Defendant's motion to…
Plaintiff alleged that Four Seasons Nursing Centers abused her mother. She maintained that ManorCare's conscious indifference to her mother's unresponsive…
When Luanna Campbell was admitted to a nursing home, her daughter signed a number of agreements, including an arbitration agreement.…
Plaintiff filed suit on August 25, 2004 against Mariner Health Care, Inc. ; National Heritage Realty, Inc.; Grancare, Inc. ;…
Plaintiffs filed Interrogatories and Requests to Produce seeking statistical information related to the number and causes of death that occurred…
Harmon v. St. Augustine Manor Plaintiff filed a malpractice and wrongful death action against the nursing home and other defendants…
Plaintiffs sued for negligence and nursing home moved to compel arbitration. Plaintiffs argued that the agreement could not be enforced…
Resident fell while using a walker at the nursing home and was "impaled on the basket hook." After the fall,…
In a "short" order, the District Court adopted the Report and Recommendation of the Magistrate finding that a medical malpractice…
Plaintiff's decedent was a nursing home resident who developed severe decubitus ulcers and suffered from dehydration and malnutrition. Plaintiff alleged…
Stalley brought a qui tam action against a group of skilled nursing facilities for failing to reimburse Medicare under the…
Insurer denied coverage under a claims made policy. On motion for summary judgment, the Court ruled for the insurer, finding…
Plaintiff, an Alzheimer's patient, exited the nursing home on March 22, 2004 through an unlocked door. He was chased by…
Plaintiff filed suit against a nursing home in State court alleging that Defendant failed to take necessary precautions to protect…
Insurer issued two insurance policies to Defendant's nursing home. When suit was filed in Arkansas, the insurer employed counsel to…
Defendants filed motions to strike two counts in Plaintiff's complaint, alleging recklessness in the care and treatment of the decedent,…
Resident suffering from dementia was admitted to nursing facility. Husband signed admissions documents including two arbitration agreements. California law prohibits…
Children of deceased nursing home resident sued nursing home. The trial court denied the nursing home's motion to compel arbitration…
Plaintiff filed suit for medical malpractice, negligence, violations of the Residents' Rights Act and wrongful death. The complaint was personally…
Margaret Dickson was a resident at Hildebrand Hidden Acres, a nursing home, when Vincent Pharmacy and its pharmacist on duty,…
Kindred filed a motion for an emergency protective order after the trial allowed limited discovery on the sole issue of…
Following a jury trial, verdict was entered awarding damages as follows: $132,157.17 for medical expenses; $650,000 for Baumgarten's pain and…
A jury awarded $500,000 to the resident's estate for noneconomic damages for predeath pain and suffering, $350,000 to the spouse…
In this wrongful death case, the parties filed motions in limine and the following were before the court: "(1) Defendant…
James Szymczak brought a qui tam action against a hospital and nursing home alleging that fraudulent Medicare claims were filed…
Lakeridge is an Ohio nursing home that participates in Medicare and Medicaid. When it was surveyed, it was found out…
Plaintiffs sued nursing home and case was dismissed because their expert reports failed to comply with Tex. Rev. Civ. Stat.…
Resident went to a nursing home after surgery due to a right hip fracture. After developing an upper respiratory infection…
Plaintiff served a request to produce for the nursing home's personnel files. The nursing home objected, contending they included confidential…
The trial court's order replacing a health care agent was affirmed. Resident, an 88 year old Alzheimer's patient, was unmarried…
A Tennessee case decided November 1, 2006, addresses estate recovery for married individuals. In In re Estate of Smith, Mr.…