Plaintiff’s estate brought suit against Life Care’s Bothell facility after she slipped out of a shower chair, was injured and later died as a result of those injuries and other pre-existing conditions. Plaintiff sought copies of incident reports regarding falls, transfers and assists for the three years prior to Plaintiff’s fall that Defendant compiled pursuant […]
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Defendant removed State Court action for negligence alleging there was federal jurisdiction because a federally appointed receiver was operating the nursing home. Relying on Gay v. Ruff, 292 U.S. 25 (1934), the court found that federal appointment of a receiver, without more, does not confer federal jurisdiction. Plaintiff’s motion to remand was granted.
The government prosecuted a case under 18 U.S.C. § 1347, alleging violations of 42 C.F.R. § 483.15 and 42 C.F.R. § 483.25. Defendants Marth Bell and Atrium I Nursing and Rehabilitation Center were found guilty. In a post-trial motion, Defendants argued that the standards of care in 483.15 and 483.25 are vague and ambiguous. The […]
Facility sought to compel arbitration after suit was filed. Resident was alone when admitted to the facility. He was illiterate, but purportedly executed an arbitration agreement. Although illiteracy alone will not invalidate an arbitration agreement, the Estate contended that the resident did not place the “X” on the agreement and the facility employees could not […]
Suit was brought in the name of a deceased nursing home resident for negligence and carelessness, alleging violations of 42 C.F.R. § 483.25(h)(1) and because Defendants did not prevent accidents. Defendant brought it to the court’s attention that the resident was deceased and moved to dismiss. Plaintiff moved for an extension of time to respond […]
Estate brought a claim for wrongful death and elder abuse against a nursing home. After hearing, the trial court sustained a demur to the elder abuse claim, finding the estate failed to allege conduct amounting to recklessness. The Estate appealed. The court found that “the estate’s complaint alleges (1) the defendants were aware that Gibson […]
Plaintiff filed suit for nursing home negligence alleging multiple causes of action. Defendant filed a demur which was granted as to “the causes of action for willful misconduct, elder abuse, and intentional infliction of emotional distress. The court struck the punitive damage allegations and prayer for non-economic damages, and denied a motion to add punitive […]
Defendant doctor was in charge of resident’s care at nursing home. Resident’s nutritional status was compromised, dropping approximately 30 pounds and pressure ulcers progressed from Stage II to Stage IV; when resident was taken to the hospital shortly before death, she was malnourished. Doctor filed an expert affidavit stating that he met the standard of […]
Beverly petitioned for a writ of certiorari and a writ of prohibition after being ordered to post a $25,000,000 supersedas bond before appealing an order for class certification. Plaintiff had argued that Beverly was unstable and that the class should be protected during appeal. The court found that requiring a bond prior to judgment is […]
Plaintiff sued the nursing home for injuries suffered by and wrongful death of her father. The complaint alleged violations of federal regulations and State statutes and regulations concerning nursing home care, including those relating to Medicare and Medicaid, and the Georgia Bill of Rights for Residents of Long-Term Care Facilities. The complaint alleged negligence, negligence […]
