Nursing home arbitration agreements are better to avoid if at all possible. An increasing number of nursing homes include arbitration agreements in their admission paperwork, essentially mandating parties agree to forfeit their constitutional right to have a dispute decided in a court of law – publicly and in front of…
A federal appellate court has affirmed a $1.2 million damage award to plaintiffs whose mother was abused by two certified nursing assistant while she was a patient in a nursing home. That damage award included $10,000 in punitive damages, which are awarded in injury and wrongful death cases involving intentional…
It was to be expected following one of the biggest and most powerful storms in Florida’s history that those who stayed would be grappling with some degree of power loss in the immediate aftermath. However, one could also reasonably assume that health care providers – including nursing homes responsible for…
An elderly woman reportedly died after suffering a serious and painful bedsore while in the care of a physician at a nursing home in New Jersey. Media reports are the family of the 90-year-old woman died approximately three months after being admitted to the nursing home with a fractured hip. …
A recent nursing home negligence lawsuit out of Massachusetts underscores how important it is to promptly consult with an experienced personal injury attorney. Specifically, it’s imperative that all claims be filed within the appropriate statute of limitations, which can vary depending on the type of claim, where the claim occurred…
A family in Illinois has filed a wrongful death lawsuit against a nursing home, alleging staff at the center misread her chart and failed to resuscitate her after she was found unconscious. The patient was just 52 when she died, and suffered from kidney disease and diabetes. She was reportedly initially admitted…
A new study by researchers at Wayne State University reveals a “substantial amount of costs” to the U.S. healthcare system due to fall-related injuries in nursing homes. Specifically, the study, published in JAMA Otolaryngology Head & Neck Surgery, focused on facial injuries. Looking at emergency room data from 2011 to…
Last year, the federal Centers for Medicare and Medicaid Services (CMS) initiated a rule that prohibits nursing homes from requiring patients to sign mandatory arbitration agreements prior to disputes. However, CMS hit the brakes on enforcement of that rule in a largely-overlooked memo in December, indicating it would not do so…
Restraints in nursing homes are only to be used sparingly, for medically necessary reasons, for a very limited period of time and under close supervision. Unfortunately, too many nursing homes will initiate the use of physical restraints or chemical restraints without the proper justification, procedure or supervision, resulting in serious harm…
The widow of a man who died in a fire while in the care of a county-owned nursing home in Philadelphia has filed a lawsuit alleging negligence by the facility and staffers. The man, who suffered from Parkinson’s disease and numerous other ailments, was reportedly engulfed in flames after dropping…