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 […]
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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 […]
Alcoy v. Valley Nursing Homes, Inc. 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 […]
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 […]
Defendant appealed following entry of judgment on verdict and denial of its motion for JNOV. Resident died after he went into a diabetic coma. His doctor had ordered insulin on a sliding scale with his blood sugar to be checked at least daily. Plaintiffs were able to show that on numerous occasions, insulin was not […]
Plaintiffs filed their expert report on August 29, 2005. The 120th day after filing the complaint was July 4th. Defendant assisted living facility moved to dismiss the complaint and the trial court denied the motion. On appeal, Plaintiffs argued that an abatement order extended the time for filing the report. The court held that the […]
Miller v. Levering Reg’l Health Care Ctr., LLC The resident had a history of falling, was left unattended in a dining hall, and fell, hitting her head. Following the fall, she was given a neurological assessment every four hours. However, testimony at trial showed that the standard of care was every two hours. Further, she […]
A survival action was brought against the nursing home and its corporate parent. A jury found that the nursing home, the parent, and three employees were negligent, awarding $2,204,000. The trial court denied motions for judgment notwithstanding the verdict and Defendants appealed. On appeal the court found there was insufficient evidence to support a verdict […]
B.T. Healthcare, Inc. v. Honeycutt Resident suffered from pressure ulcers at two different nursing homes. After filing suit, Plaintiff settled with one nursing home, but not the other. When the claim went to trial, the jury found that the non-settling nursing home was 51% liable. The Resident was found 49% liable. After entry of judgment […]
On admission to the nursing home, the resident’s granddaughter executed an admission contract that included an arbitration agreement. Later, after the resident died, the resident’s daughter filed a wrongful death action. The trial court denied the motion to arbitrate, finding that Missouri law applied, that it was not pre-empted by the Federal Arbitration Act, that […]
Plaintiff filed a negligence and wrongful death suit against the nursing home. Kindred filed a motion to dismiss or, in the alternative, stay litigation pending arbitration. The trial court denied the motion, finding that the resident’s daughter had no express or implied authority to bind the resident when the arbitration agreement was signed at admission. […]
Maria Rubio was a nursing home resident suffering from Alzheimer’s disease. While in the nursing home she was sexually assaulted by another resident. The suit followed alleging a failure to protect. Plaintiff alleged that the sexual assault was not a professional negligence claim that was time-barred since it was not filed within two years of […]
The Court affirmed a $24,300 civil penalty after a U.S. Departmental Appeals Board found that a nursing home violated regulations creating immediate jeopardy to residents’ safety. In this case, the nursing home was found to be non-compliant with minimum standards of care based on unsanitary conditions in a manner that created immediate jeopardy. “Federal regulations […]
Plaintiff appealed from trial court’s grant of summary judgment to Manor Care, its dismissal of claims against an individual, and its award of attorney’s fees to the defendants. Plaintiff originally sued the parent corporation. The case was removed to federal court where, after discovery, Plaintiff amended the complaint to sue the subsidiaries. The court granted […]
Thornburg v. El Centro Regional Medical Center The plaintiff requested medical records, and the hospital charged $2 per page. Plaintiff objected, citing California Evidence Code § 1158, which provides that a medical provider can charge no more than ten cents per page. Plaintiff then filed a class action alleging that the hospital systematically violated the […]
When contrasted with Hines and Smith, a different result was reached where the legislature had re-written the property code. In 1993, Jack Willingham transferred certain real property to his son, reserving a life estate. In 1997, he applied for medical assistance from the state, which he received until his death in 2002. There, a 1995 […]
The court of appeals affirmed the dismissal of the claim against the state for failing to assure compliance with the state nursing home regulations. “Even if the State could be said to have waived sovereign immunity so as to be potentially susceptible to the estate’s lawsuit here, we hold that: (1) chapter 18.51 RCW, the […]
Effective January 1, 2021, Georgia HB 865 (Act 508), amended the Georgia Probate code. Now, if you prepare a written statement or list disposing of tangible personal property (a “who gets what” list), it can be incorporated into your will by reference. That means that if there is a dispute concerning tangible personal property, the […]
https://www.aging.senate.gov/hearings The Senate Special Committee on Aging was first established in 1961 as a temporary committee. It was granted permanent status on February 1, 1977. While special committees have no legislative authority, they can study issues, conduct oversight of programs, and investigate reports of fraud and waste. Throughout its existence, the Special Committee on Aging […]
This content requires Flash Player version 9 (installed version: No Flash Flayer installed, or version is pre 6.0.0 https://www.aging.senate.gov/hearings/combating-social-isolation-and-loneliness-during-the-covid-19-pandemic Carla Perissinotto, MD: https://www.aging.senate.gov/download/carla-perissinotto Peter Reed, PhD: https://www.aging.senate.gov/download/peter-reed Betsy Sawyer-Manter: https://www.aging.senate.gov/download/betsy-sawyer-manter Najja Orr: https://www.aging.senate.gov/download/najja-orr
https://www.aging.senate.gov/hearings/the-covid-19-pandemic-and-seniors-a-look-at-racial-health-disparities Testimony of Dominc Mack: https://www.aging.senate.gov/download/dr-dominic-h-mack Mercedes Carnethon, PhD: https://www.aging.senate.gov/download/mercedes-carnethon Eugene Woods: https://www.aging.senate.gov/download/eugene-a-woods Rodney Jones, Sr.: https://www.aging.senate.gov/download/rodney-b-jones-sr
https://www.aging.senate.gov/hearings/women-and-retirement-unique-challenges-and-opportunities-to-pave-a-brighter-future GAO Report: https://www.aging.senate.gov/imo/media/doc/SCA_GAO_Dodaro_9_24_2020.pdf
Video: https://www.aging.senate.gov/hearings/watch?hearingid=3F196EE0-5056-A066-609D-66BD4C1DCB38 https://www.aging.senate.gov/hearings/fighting-elder-fraud-progress-made-work-to-be-done
Finding the law isn’t always easy, but we’re here to try to and make it a little bit easier. First, you can use the Georgia Researcher’s Guide on Georgia Legal Research at:Â https://libguides.law.gsu.edu/c.php?g=253377&p=1689695 Georgia Supreme Court Cases: https://www.gasupreme.us/ https://law.justia.com/georgia/ Official Code of Georgia: https://codes.findlaw.com/ga/ https://law.justia.com/codes/georgia/ Georgia Regulations: http://rules.sos.ga.gov/GAC/ https://regulations.justia.com/states/georgia/
Georgia has adopted the Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act. See O.C.G.A. § 29-11-1. et seq. That means, if you have a Georgia guardianship that needs to move to another state, or if you are in another state and you need to move a guardianship to Georgia, we have a procedure for making […]
