Marmet Health Care Center v. Brown, 132 S. Ct. 1201 (2012). Marmet began as three seperate cases in West Virginia. In each case, a family member of a nursing home resident signed an admission agreement which included an arbitration clause buried within the text. The Plaintiffs argued the arbitration provision was void because it violated […]
Another Court Rules that NHRA is a toothless tiger (E.D. Mo.) Elgin James filed suit alleging that he developed bedsores due to nursing home negligence. Specifically, he alleged that the nursing home violated 42 C.F.R. § 483.25 which provides that a nursing home must prevent bedsores unless they are unavoidable. Following a line of cases […]
Plaintiff filed suit for negligence and violations of the Florida Nursing Home Residents Act (Plaintiff was beaten and raped). Defendants moved for arbitration. Plaintiff argued that the resident never signed the arbitration agreement and her son, who signed it, had no authority to do so. Plaintiff also argued that the arbitration agreement was substantively and […]
Plaintiff’s suit against the nursing home was dismissed for failing to comply with the pre-suit notice requirement in W. Va. Code § 55-7B-1, et seq. The decision was affirmed. Any possible error was harmless because the dismissal was without prejudice and Plaintiff has the right o refilled after compliance with the statute.
Resident was in two different nursing homes and after her death, Plaintiff sued both of them. Each was dismissed and Plaintiff appealed. The action against the first nursing home was beyond the limitations period. Plaintiff’s discovery argument was rejected. The trial court’s dismissal of the second nursing home was also sustained since the only evidence […]
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 […]
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 […]
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