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:

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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 […]

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 […]

Researching Health Care Providers and Filing Complaints Against Them (Links)

The following links can be used to research health care providers and, if necessary, to file a complaint with State licensing boards and boards of certification: Complaint and Discipline Process for Nurses (Powerpoint by Georgia Board of Nursing) Contact Information For Filing a Complaint with the State Survey Agency (CMS.gov) Do your research about your doctor or […]

NORC Webinar regarding Tips for Identifying Trauma, Potential Abuse and Supporting Nursing Home Residents, June 18, 2021

On June 18, 2021, the National Ombudsman Resource Center will hold a webinar from 3:00 to 4:30 ET regarding resuming in-person visits during Covid 19. It will feature tips for identifying trauma, potential abuse and supporting residents. Dr. Laura Mosqueda, a national and international expert on elder abuse and neglect, will provide tips for Ombudsman […]

Nursing Home Litigation: Seeking Justice

Nursing home negligence is a violation of a standard of care, a violation of federal or state laws/regulations, or a violation of a resident’s rights. Nursing home residents deserve better. They have a right to appropriate care that meets professional and legal standards. In this short video, Lance Lourie explains why nursing home litigation is […]

Nursing Home Bibliography: 2006-2007

Statutory, Regulatory and Administrative References 42 U.S.C. § 1395i-3. Medicare: Requirements for, and assuring quality of care in, skilled nursing facilities 42 U.S.C. § 1396r. Medicaid: Requirements for nursing facilities. 42 C.F.R. § 483.1 to 483.75. Requirements for Long Term Care Facilities. Proposed Rules, 71 F.R. 62957 (10/27/2006), Medicare and Medicaid Program; Fire Safety Requirements […]

Nursing Home Cases: Sexual Assault

Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005). Maria Rubio was a nursing home resident suffering from Alzheimer’s disease. While in the nursing home she was sexually assaulted by another resident. Suit followed alleging a failure to protect. Plaintiff alleged that the sexual assault was not a professional negligence claim that was […]

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