Martin v. Lafon Nursing Facility of the Holy Family, Inc., 2007 U.S. Dist. LEXIS 3644 (D. La. 2007). Plaintiff filed suit against a nursing home in State court alleging that Defendant failed to take necessary precautions to protect nursing home residents from Hurricane Katrina. The action was filed as a class action and Defendant removed […]
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Atkinson v. Manor Care Health Servs. 2006 Iowa App. LEXIS 744 (Iowa Ct. App. 2006). After instructing the jury, the court realized that no instruction was given on proximate cause. Counsel for both parties consented to the instruction. The court then included it in the written charge delivered to the jury, but it was not […]
Bennett v. Beverly Enters., 2006 U.S. Dist. LEXIS 75561 (D. Miss. 2006). Plaintiff filed suit alleging that Defendants participated in an unlawful scheme to fraudulently convey Beverly’s assets through a merger transaction to avoid paying civil judgments. Defendants moved to dismiss. The court found that Mississippi’s long arm statute did not reach the Defendants and […]
Am. Econ. Ins. Co. v. Jackson, 2007 U.S. App. LEXIS 3232 (8th Cir. 2007). This case involves an insurance coverage dispute after Freddie Mae Burns died at Leland Health Care Center, a 128 bed skilled nursing facility, due to excessive heat. Teresa Johnson, administrator and former director of nursing, was responsible for controlling the HVAC […]
Redwood v. Dobson, 476 F.3d 462 (7th Cir. 2007). The court identifies this litigation as a “grudge match.” When counsel spent the first 30 pages of a deposition reviewing Gerstein’s criminal history, the questions got under his skin. After he began answering with “that’s none of your business” counsel began instructing him not to answer. […]
Wilcox v. Gamble Guest Care Corp., 928 So. 2d 695 (La. Ct. App. 2006). Plaintiff appealed after trial court sustained patient liability fund’s exception of no cause of action on Nursing Home Bill of Rights claim and appealed trial court’s awards for damages. Plaintiff had settled with the nursing home and proceeded to trial against […]
Forsythe v. Clark USA, Inc., 2007 Ill. LEXIS 434 (Ill. 2007). Two mechanics were killed at a refinery. Later, their estates filed suit against Clark Refining and Marketing, as well as other defendants including Clark USA. Plaintiffs alleged “that defendant breached a duty to use reasonable care in imposing its business strategy on Clark Refining […]
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 of compliance with several provider requirements. It was fined a civil monetary penalty of $80,300. The fine was upheld and […]
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 […]
A filial responsibility law is one making relatives financially responsible for the care of another. Virtually every state requires parents to support minor children, but most states do not require anyone to support relatives who are over the age of 18. These laws are antiquated and can be traced back to the Elizabethan Poor Law […]
The head-to-toe assessment in nursing is an important physical health assessment that nurses perform. In a nursing home, 42 CFR § 483.21 requires development of a baseline care plan within 48 hours of admission. A comprehensive care plan must be developed within 7 days. 42 CFR § 483.20 provides that a facility must make a […]
O.C.G.A. § 31-8-80. Short title This article shall be known as the “Long-term Care Facility Resident Abuse Reporting Act.” O.C.G.A. § 31-8-81. Definitions As used in this article, the term: (1) “Abuse” means any intentional or grossly negligent act or series of acts or intentional or grossly negligent omission to act which causes injury to […]
On April 12, 2021, John Oliver explained the industry behind nursing homes and assisted living facilities, and why long-term care needs fixing. Long-Term Care: Last Week Tonight with John Oliver (HBO) – April 12, 2021
On April 8, 2021, the Center for Medicare and Medicaid Services rescinded three Covid 19 waivers. They were: The emergency blanket waivers related to notification of Resident Room or Roommate changes, and Transfer and Discharge notification requirements; The emergency blanket waiver for certain care planning requirements for residents transferred or discharged for cohorting purposes. The […]
When is it time for day care or a nursing home?
“With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a generous funding boost for home- and community-based care as an alternative to institutionalizing disabled people.” However, funding for the current bill is temporary, “raising concerns it will have just fleeting impact…” For the full story, […]
This case involves an insurance coverage dispute after Freddie Mae Burns died at Leland Health Care Center, a 128-bed skilled nursing facility, due to excessive heat. Teresa Johnson, administrator and former director of nursing, was responsible for controlling the HVAC settings and failed to set them properly during a heat wave. Leland Health Care, LLC, […]
Jury returned a defense verdict and Plaintiff appealed challenging two issues concerning the exclusion of evidence. Plaintiff contended it was error to exclude evidence that another resident inappropriately touched the resident, as well as evidence of subsequent similar acts. Plaintiff also argued that the trial court erred by going forward with the trial while there […]
Walter M. Clark v. Tirr Rehabilitation Center Plaintiffs sued alleging that resident, who had osteoporosis, was negligently dropped by a physical therapist. The trial court dismissed the suit for failure to file an expert witness report. Plaintiffs argued an expert report was not necessary because the claim was for ordinary negligence. Although the injury occurred […]
On appeal, the issue was the validity of an arbitration agreement entered into by Dorothy Necessary (“Plaintiff”) while signing documents on her husband’s behalf to have him admitted to a skilled nursing facility. Necessary had her husband’s oral express authority to sign all paperwork necessary for his admission to the facility. She claimed that this […]
The Estate of Clifford Ward filed a wrongful death case against a nursing home and corporate defendants in the Rutherford County Circuit Court. The four defendants were National Healthcare Corporation; NHC/Delaware, Inc.; NHC, Inc.; and National Healthcare/Knoxville, LLC. In the complaint, the plaintiffs alleged that the defendants were joint venturers with an equal right to […]
Stinson, a 75 year old who was struck by another resident, fell and broke her hip. She died four months later. The resident who struck her, Johnson, had been approved for placement at the nursing home after he was evaluated by the State. Gensis was under contract with Life Care to provide mental health services […]
On appeal, the Supreme Court of Tennessee found that the primary issue was whether a durable power of attorney for health care authorized the attorney-in-fact to enter into an arbitration agreement as part of a contract admitting the principal to a nursing home and thereby to waive the principal’s right to trial by jury. The […]
The trial court granted summary judgment to the defendant, finding that the statute of limitations had run. The Court of appeals reversed the trial court’s ruling in January, 2006 after finding that disability tolls the statute of limitations notwithstanding the existence of a durable power of attorney. On appeal, the defendants argued the that the agent, […]
After a jury returned a verdict for the Estate, Defendants field a motion for new trial. The action was brought against the doctor, and the nursing home and several employees after resident suffered anoxic brain injury when she dislodged her tracheostomy tube. Prior to trial all parties except the doctor settled and the trial proceeded […]
Defendant Barnes, an agency nurse, was found guilty in a criminal case of knowingly, intentionally and recklessly causing injury to a nursing home resident by cutting her feeding tube. The remaining Defendants in a civil case filed a Motion for Issue Preclusion against Barnes, seeking a conclusive determination that Barnes intentionally and surreptitiously cut the […]
After admission to the nursing home, resident met with the admissions director and signed a “resident admission agreement” and an “alternative dispute resolution agreement between resident and facility.” Later, resident suffered from recurring falls, was permitted to get sick and died as a result of treatment. Daughter filed a wrongful death action against nursing home. […]
In wrongful death case against nursing home, Defendants appealed trial court’s order granting motion to compel three incident reports prepared by staff, and denying Defendants’ motion for protective order based on peer review privilege. Incident reports were prepared by nursing home following unusual circumstances and documented facts surrounding them. Defendants provided affidavit of Administrator stating […]
After Plaintiffs filed a wrongful death suit, Defendants filed a motion to compel arbitration. Plaintiff argued the resident was incompetent and incapable of understanding the agreement and that the agent had no authority to enter into an arbitration agreement. The court found that resident’s health care agent had authority to bind the agent “in matters […]
Resident fell at an assisted living facility; the fall caused a wrist fracture and broken ribs. She was transferred to a nursing home where she needed assistance for almost all personal care needs including using the toilet. Shortly after admission to the nursing home she was left unattended on the toilet even though a nurses […]
Summary judgment reversed. The dispositive issue was whether plaintiff’s claims were for ordinary negligence or medical malpractice, which was reviewed de novo. Two questions bear on that issue: (1) whether the claim pertains to an action occurring within the course of a professional relationship (undisputed in this case); and (2) whether the claim raises questions […]
Resident’s son (Miller) brought suit against physician (Cotter) as well as nursing home and three employees after his father’s death. Miller had signed admission papers including an arbitration agreement. The arbitration agreement, within the admission agreement, was separated from other language, was not a condition of admission and fact that it was an arbitration agreement […]
Edith Sepulvado was admitted to the Toledo Nursing Center, Inc. on May 1, 2001. She was 81 at the time, suffering from advanced Alzheimer’s. She was at high risk for falls and a variety of restraints were used including mats around her bed. In mid-January, she fell, suffering a head bruise and a skin tear. […]
Plaintiffs filed suit against physicians, nursing home and parish coroner. The coroner filed a peremptory exception contending there was no cause of action, contending he had no duty to assist the family in preserving evidence of alleged negligence. Plaintiffs insist that the coroner was legally obligated to perform an autopsy under La. R.S. § 33:1563(B)(1) […]
The court affirmed dismissal due to prescription. Resident went from hospital to nursing home where she treated for decubitus ulcers developed at the hospital. After admission to the nursing home, she developed additional decubitus ulcers, gastrointestinal bleeding, pneumonia and infection in her right foot. She died on October 1, 2003. After initially proceeding against other […]
This is not a long-term care case. Sanctions were awarded against the Plaintiff’s attorney for improperly asserting a direct liability claim against the President of a corporation. Barnhill, acting as counsel for a builder, filed suit against a roofing products manufacturer, alleging defective roofing shingles were installed in a home. The builder sought to compel […]
This is not a long-term care case. In Forsythe v. Clark USA, Inc., 864 N.E.2d 227 (Ill. Sup Ct. February 16, 2007), the Illinois Supreme Court affirmed the court of appeals, finding that a parent corporation may be directly liable where it exerts eccentric budgetary control over its subsidiary. In Forsythe, the court said the parent […]
Burnice L. Barnum sued Coastal Health Services as administrator of the estate of her uncle Jimmy L. Barnum. Barnum was a resident at Coastal from June 2, 1997 until his death on September 22, 2001. Barnum suffered from numerous medical conditions, including diabetes mellitus, peripheral vascular disease, dementia, incontinence, and stroke-related problems such as difficulty […]
Plaintiff appealed dismissal of their claims against a nursing home and four employees based on failure to comply with O.C.G.A. § 9-11-9.1, which requires the filing of an expert’s affidavit with complaints alleging malpractice. Defendant’s motion was not ruled on immediately and limited discovery was conducted. Seven months later, the motion was renewed. Two of […]
Darlene Payson was a resident at Avanta Villa at Jacksonville, a nursing home. After her death, her estate filed an action under Florida’s resident rights statute. The estate alleged a failure to take adequate precautions or provide adequate supervision and, as a result, Payson suffered numerous falls, one of which resulted in a right pneumothorax, […]
McGillen filed suit against Extendicare, its subsidiaries, three other defendant corporations, and five individual defendants, alleging that they all operated the defendant nursing home. Extendicare, a Canadian corporation filed a motion to quash service of process and to dismiss. The trial court denied its motion and Extendicate appealed. On appeal the court noted that Extendicare […]
Nursing home moved to compel arbitration, which was denied because it designated the American Health Lawyer’s Association as the arbitrator (which no longer accepts arbitration of health care disputes where binding arbitration agreements are signed pre-injury). The court found it could not re-write the agreement for the nursing home. “Given the nature of the relationship […]
Court of Appeals affirmed in part and reversed in part after trial court denied motion for new trial. Estate, substituted for resident after her death, contended that final judgment for Defendants was erroneous and a new trial was warranted because the trial court improperly limited claims under the Nursing Home Residents’ Act. The case was […]
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 […]
This is a class action case filed against a nursing home following Hurricane Katrina. The magistrate denied Defendant’s motion to implead the U.S. Army Corps of Engineers as a third-party defendant, finding they could not be liable. Defendants asked the District Court to set aside the magistrate’s ruling. In reviewing the rules, the Court found […]
Plaintiff alleged that Four Seasons Nursing Centers abused her mother. She maintained that ManorCare’s conscious indifference to her mother’s unresponsive and comatose condition during the summer of 2005 lead to her mother’s hospitalization and eventual death. Defendant filed a motion to dismiss alleged violations of the Oklahoma Consumer Protection Act and to dismiss claims for […]
When Luanna Campbell was admitted to a nursing home, her daughter signed a number of agreements, including an arbitration agreement. Plaintiff argued there was no valid agreement to arbitrate because: (1) Lizzie Bowens lacked the authority to bind Luanna Campbell to arbitration; (2) the circumstances in which Campbell signed the agreement are dubious; and, (3) […]
Plaintiff filed suit on August 25, 2004 against Mariner Health Care, Inc. ; National Heritage Realty, Inc.; Grancare, Inc. ; Evergreen Healthcare, Inc. ; J.D. Lee; Boyd Gentry; Roy Dumas; Lisa Collins; George D. Morgan; Sydney K. Boone, Jr.; Angela Kuntz; James F. Craven; Unidentified Entities 1-10; and John Does 1-10 (As to Yazoo City […]
Plaintiffs filed Interrogatories and Requests to Produce seeking statistical information related to the number and causes of death that occurred among the universe of the Defendant physicians’ patients before and during the December 2000 to February 2001 alleged rampage by Nurse Jackson at Nocona General Hospital. Defendants filed identical objections as to privilege and relevance. […]
