When an injured party sues someone who negligently injured him or her, one form of damages the injured party may recover are medical expenses. However, can those expenses be recovered when they have been paid by someone else? In Bennett v. Haley, 132 Ga. App. 512 (1974), the Court said they can be recovered. The […]
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On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final rule requiring minimum staffing levels in nursing homes. The new rule applies to all nursing homes that receive funds from Medicare or Medicaid. Nursing homes must provide at least 3.48 hours of care per resident per day. This consists of […]
On April 1, 2024, the Washington Post published an article titled “Algorithms guide senior home staffing. Managers say care is suffering.” The article indicates that a system, called Service Alignment, was developed more than two decades ago when assisted living facility (ALF) executives began timing caregivers performing tasks. That data was fed into a computer […]
In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict in favor of the defendants relating to a motor vehicle collision. White argued that the trial court gave an improper jury instruction regarding the Preponderance-of-the-Evidence Standard. The trial court instructed the jury using the existing pattern jury instructions. However, the law […]
In Jones v. Life Care Centers of America (Tenn .Ct. Appeals 2023), a cognitively impaired resident was assisted in the shower by staff. While doing so, the employee took a call from her incarcerated boyfriend which showed the resident’s nude body. The assisted living facility moved for summary judgment after alleging the resident showed no […]
There are several steps in setting up a tax exempt organization. We’re reviewing them here. However, this post is not designed to tell you anything other than the set-up process and it is not intended to be tax advice. CIRCULAR 230 NOTICE: To comply with the requirements imposed by the United States Treasury Department, any […]
Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they don’t do the right thing? What if they are negligent? Should you have the right to consider your options regarding how to hold them accountable? Over the past two decades, many long-term care providers, especially […]
On May 26, 2023, the Ohio Court of Appeals for the Sixth Appellate District decided Kaltenbach v. Wasserman. Keith Kaltenbach was sued for allegedly breaching his duty under a power of attorney, engaged in undue influence and unlawfully converting portions of her real property and money. After he was sued, Keith met with attorney Wasserman […]
In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3, at least in cases where the trial court approves direct payment to a trust. Prior to passage of HB 620, Section 29-3-3 read as follows: 2021 Version For purposes of this Code section, the term […]
Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. Everyone knows staffing is the most significant issue when determining whether your loved one gets the care he or she needs. Staffing levels have a direct impact […]
