Elder Law

Miller v. Center for Diagnostic Imaging, 2007 U.S. Dist. LEXIS 17869 (W.D. WA 2007)

In a "short" order, the District Court adopted the Report and Recommendation of the Magistrate finding that a medical malpractice…

3 years ago

Stalley v. Delta Health Group, Inc., 2007 U.S. Dist. LEXIS 5845 (D. Fla. 2007)

Stalley brought a qui tam action against a group of skilled nursing facilities for failing to reimburse Medicare under the…

3 years ago

Flores v. Evergreen at San Diego, LLC, 2007 Cal. App. LEXIS 348 (Cal. Ct. App. 2007)

Resident suffering from dementia was admitted to nursing facility. Husband signed admissions documents including two arbitration agreements. California law prohibits…

3 years ago

Lakeridge Villa Health Care Ctr. v. Leavitt, 2006 U.S. App. LEXIS 27338 (6th Cir. 2006)

Lakeridge is an Ohio nursing home that participates in Medicare and Medicaid. When it was surveyed, it was found out…

3 years ago

In re Conservatorship of Burnette, 2006 Tenn. App. LEXIS 756 (Tenn. Ct. App. 2006)

The trial court's order replacing a health care agent was affirmed. Resident, an 88 year old Alzheimer's patient, was unmarried…

3 years ago

In re Estate of Smith, 2006 Tenn. App. LEXIS 715 (2006)

A Tennessee case decided November 1, 2006, addresses estate recovery for married individuals. In In re Estate of Smith, Mr.…

3 years ago

Estate of Virginia Ramirez, 2006 N.Y. Misc. LEXIS 4587; 236 N.Y.L.J. 107 (N.Y. Misc. 2006)

This is a motor vehicle case where Plaintiff cited Ahlborn, seeking to avoid reimbursing Medicaid. Decedent was injured in a…

3 years ago

Reed v. Missouri Department of Social Services, Family Support Div.,193 S.W.3d 839; 2006 Mo. App. LEXIS 879 (Mo. Ct. App., E.D., 2006)

In this Medicaid case, the State appealed from a trial court decision. The trial court's finding that the applicant was…

3 years ago

Washburn v. Beverly Enterprises-Georgia, Inc., 2006 U.S. Dist. LEXIS 88628 (S.D. Ga. 2006)

After Plaintiff filed suit, Defendant filed a motion to dismiss, compel arbitration and stay discovery. The magistrate entered a report…

3 years ago

Kelso v. Levitt, 2006 U.S. Dist. LEXIS 26695 (D. Mo. 2006)

Plaintiff contested Medicare's claim under the MSP statute. Initially counsel informed Medicaid by letter that there was no duty to…

3 years ago