Prior to filing suit, Plaintiff opened an estate for resident in Tallahatchie County. After the suit was filed, Defendants filed a motion to render appointment of the administrator void ab initio, contending the estate should have been filed in Leflore county. Plaintiffs then filed a petition for the appointment of an administrator in Leflore county […]

The wife was a personal representative of the husband’s estate. The husband was killed in a vehicle collision. Medicaid paid $168,691.58 in medical expenses and had an automatic lien. Medicaid filed its lien with the Court alleging a right to full payment. After the wrongful death action was brought, the case settled for $900,000, plus […]

Two estates filed suit against Defendants, including fictitious parties alleging simple negligence, medical malpractice, malice and/or gross negligence, fraud, breach of fiduciary duty, survival claim, and wrongful death. The Defendants moved to dismiss, which was denied. On appeal, the issues centered on claims against the nursing home administrator. Although a nursing home can be liable […]

Defendants appealed an order compelling response to 195 requests to produce and requiring them to prepare a privilege log. On appeal, the court noted the requests were expansive and unlimited by any time frame. The requests included “all incident, occurrence, and/or accident reports” from all facilities operated by Life Care Center of America, Inc., nationwide; […]

Health Facilities Mgmt. Corp. v. Hughes A management company and a nursing facility appeals from a judgment entered against them in favor of the resident’s estate and her beneficiaries. Following a one-week trial, the jury assessed damages of $38,000, a violation of the resident rights statute with damages of $1.25 million against the management company […]

Resident, 79 years old, was admitted to nursing home following a stroke. She was unable to communicate verbally and was incapable of making decisions. Four days after admission, she was sexually assaulted, suffering vaginal bleeding and tearing. Her assailant was not identified. She died eight months later. Suit was brought for negligence, sexual assault and […]

Raymond Davis, Sr., individually, and Raymond Davis, Jr., as an administrator of the Estate of Elsie T. Davis, sued First Healthcare Corporation d/b/a Savannah Convalescent Center (“Savannah Convalescent Center”), a nursing home, for wrongful death and negligence as a result of Elsie Davis falling out of bed while under its care. Savannah Convalescent Center moved […]

Curtis Peacock, the administrator of the estate of his mother, Nina Peacock, filed suit against HCP III Eastman d/b/a Heart of Georgia Nursing Home and Meadowbrook Management Company for aspects of the care his mother received while living at the nursing home. The complaint, which sought punitive damages, alleged that while his mother was a […]

Beverly Tutinas’s husband, Julian, was on Medicaid, but she was not. When Beverly died owning a home valued at $69,641.89 and a car worth $2,000, the State of Illinois filed a claim against Beverly’s estate, seeking to recover what Medicaid had invested in Julian’s care. The court found that, although the State clearly had a […]

Resident was sexually assaulted in a mental health facility. Plaintiff brought an action alleging negligent hiring, gross negligence, sexual assault, sexual exploitation, and premises liability. No expert report was filed. Defendants argued the claims sounded in malpractice and moved to dismiss based on failure to file an expert report. Because the duty to protect the […]

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