Nursing Home Litigation

The goal is to avoid bad outcomes and if you succeed at avoiding bad outcomes, there should be no litigation. However, sometimes residents are victims of negligence, neglect or intentional wrongdoing. If you think you or a loved one was injured in a nursing home, EzElderLaw can put you in touch with an attorney who will evaluate your case. When examining your case, the litigation attorney will be looking at the following:

  • What’s the resident/patient like? Are they good people (or would a jury hate them)
  • Family: Are they good people (do they make good witnesses or would a jury hate them)
  • Duty and breach of duty (did the nursing home have a responsibility to do or not do something, and did the nursing home breach that duty?)
  • Causation
  • Damages

Some litigators explain injury claims in simple terms by using the acronym “POP”

  • Is it predictable,
  • Is it observable?
  • If so, then it’s usually preventable.
  • And if it’s preventable, then it should have been prevented.

 

Resources:

BLOG POSTS (Use the search feature to find additional posts)

How to Communicate with Courts, Parties in Litigation and Others

There are times when formal “legal” communication is necessary. This post addresses several instances regarding how that can be done. It is not meant to be all inclusive and, in many cases, specific communication rules apply. Beginning a lawsuit: When you begin a lawsuit, a summons must be served on the Defendant(s). Generally, Rule 4 […]

Gibbs

Elder Law and Special Needs Law News Roundup – 7-1-2022

We regularly post links to news articles and other resources that related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles […]

Trial court applied wrong standard regarding denial of extension to file certificate of good faith

In Estate of Vickers v. Diversicare Leasing Corp. (Tenn. Ct. App. 6/13/2022), a dentist extracted 18 teeth from a nursing home resident who was taking blood thinners. The nursing home resident experienced heavy bleeding and was taken to a nearby emergency room. She was released the following day. Eleven months later, plaintiff sent pre-suit notice […]

Gibbs

News Roundup – 5-6-2022

We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]

Elle

Arbitration Agreement Enforced; Trial Court erred in looking beyond HCAD to determine competency

In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court’s determination that an arbitration agreement could not be enforced. David Welch was a nursing home resident. Prioer to his death, he executed a power of attorney for health care, designating his brother, James Welch, as his health […]

Papaw

Medicaid Liens Revisited: Gallardo v. Marstiller

A new Medicaid lien case is pending in the U.S. Supreme Court. The question presented is “[w]hether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical […]

Cameras in Nursing Homes: Can a Resident Install a Camera in her Room in a Nursing Home?

A nursing home resident’s room is considered the resident’s home. That’s why people in nursing home are called “residents” instead of patients. In a nursing home, the resident controls, among other things,  when visitors can come and who can visit. Generally, it’s legal to film or record in your own home without the consent of […]

Georgia Guardianship Code Grants a Guardian Authority to Enter Into a Binding Pre-Dispute Arbitration Agreement

In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC v. Fountain, 355 Ga. App. 176, 183 (1) (843 SE2d 605) (2020), finding that the Georgia Guardianship Code grants a guardian authority to enter into a binding pre-dispute arbitration agreement. The Clinch County Probate Court […]

Parents in England

CMS Launches New Medicare.gov Tool to Compare Nursing Home Vaccination Rates

CMS Press Release 9/21/2021 The Centers for Medicare & Medicaid Services (CMS) is making it easier to check COVID-19 vaccination rates for nursing home staff and residents with a new feature on Medicare.gov. Today’s announcement makes vaccination data available in a user-friendly format to help people make informed decisions when choosing a nursing home for […]

Arbitration: In Pending Case Before Georgia Supreme Court, Nursing Home Seeks to Compel Arbitration

On the Georgia Supreme Court’s Argument Calendar for May 18, 2021 is Clinch Healthcare Center Et. Al. v. Fountain, As Administrator of the Estate of LeRoy Wiggins (S20G1292). The Court’s Summary is as follows: A nursing home and its owners are appealing a Georgia Court of Appeals decision that upheld Cobb County State Court’s denial […]

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