The decision of the trial court was reversed and arbitration was compelled. On September 17, 2002, Mann underwent a total gastrectomy for stomach cancer. On June 18, 2003, after the surgery but prior to surgery to repair a hernia, he signed an arbitration agreement. During the hernia surgery, his bowel was punctured. Following a third […]

Plaintiff brought suit and the nursing home filed an exception based on the immaturity of the claim as it had not been reviewed by the medical review panel. The trial court agreed, sustained the exception and it was affirmed on appeal. The court found six factors making the action subject to the medical malpractice statute: […]

Plaintiff’s daughter sued the nursing home after it asked EMTs to revive Doris Lee; Ms. Lee had a DNR. There were legal deformities and contradictions in three separate DNRs executed between 1996 and 2002. “The record was clear that Mrs. Lee had been under the care of several physicians and had several close calls with […]

After Plaintiff sued for negligence, Manor Care moved to disqualify Plaintiff’s counsel. The trial court denied the motion. An application for certiorari was filed and granted. From February 2001 through December 2004, Scott Fischer represented Manor Care defending nursing home cases. At the end of December 2004, Fischer left his prior firm and joined Gordon […]

Plaintiff filed suit alleging various claims: negligence; medical malpractice; malice and/or gross negligence; fraud; breach of fiduciary duty; statutory survival claim; and statutory wrongful death. After Defendants answered, Plaintiffs, moved to substitute parties and for leave to amend the complaint. Several incorrect defendants were dismissed. More than a year after the Plaintiffs’ motion was filed, […]

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 […]

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