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. […]
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Plaintiff filed a malpractice and wrongful death action against the nursing home and other defendants alleging that resident’s death was a direct and proximate cause of violations of Ohio law and of 42 U.S.C. § 483, et seq. Defendants removed the action to federal court and Plaintiff filed a motion for remand. Finding that there […]
Plaintiffs sued for negligence and nursing home moved to compel arbitration. Plaintiffs argued that the agreement could not be enforced because it was a pre-injury agreement subject to AHLA rules and is invalid in light of the AHLA’s revised ruled. The court found otherwise. “[T]he AHLA rules provide that “[i]n limiting the circumstances under which […]
Resident fell while using a walker at the nursing home and was “impaled on the basket hook.” After the fall, he needed surgery, suffered a heart attack and died. The Estate brought an action contending the walker was defective. Plaintiff failed to disclose an expert witness before the discovery and Defendant moved to bar Plaintiff […]
Plaintiff’s decedent was a nursing home resident who developed severe decubitus ulcers and suffered from dehydration and malnutrition. Plaintiff alleged medical malpractice, negligence per se and third party beneficiary breach of contract. Defendants moved to dismiss and for judgment on the pleadings. Citing Brogdon v. National Healthcare Corp., 103 F.Supp. 2d 1322 (N.D. Ga. 2000), […]
Plaintiff, an Alzheimer’s patient, exited the nursing home on March 22, 2004 through an unlocked door. He was chased by staff as he went into a courtyard. In the courtyard, he tripped over a light post and suffered injury. He was found unresponsive and bleeding from the head. At the hospital he was diagnosed with […]
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 it to federal court under the Class Action Fairness Act. The Act conveys federal jurisdiction where there is […]
Insurer issued two insurance policies to Defendant’s nursing home. When suit was filed in Arkansas, the insurer employed counsel to defend the action and paid all costs associated with the defense. Insurer asked Defendant to contribute to a settlement and when Defendant refused, the insurer funded the settlement. Insurer then brought an action for reimbursement. […]
Defendants filed motions to strike two counts in Plaintiff’s complaint, alleging recklessness in the care and treatment of the decedent, as well as, a violation of Conn. General Statutes § 19a-550(b)(10). The motions were denied. As part of Plaintiff’s negligence claim, Plaintiff alleged that “defendants failed to properly care for, assess and/or treat the decedent’s […]
Resident suffering from dementia was admitted to nursing facility. Husband signed admissions documents including two arbitration agreements. California law prohibits including the arbitration agreement in the admissions agreement so it was a separate document. Husband signed the arbitration agreement on a line labled “Legal Rep/Responsible Party/Agent.” Husband did not hold a power of attorney and […]
