News & Analysis as of

Negligence › Elder Abuse

Console and Associates, P.C.

Can You Sue for Nursing Home Injuries Due to Falls and Other Accidents?

Console and Associates, P.C. on

Abuse and neglect at nursing homes are longstanding problems. Some of the most common nursing home injuries are also among the problems that can leave the families of residents with a lot of questions. ...more

Lathrop GPM

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

Lathrop GPM on

​​​​​​​The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the...more

Hinshaw & Culbertson LLP

California Expands Non-Economic Damages In Survival Actions

Hinshaw & Culbertson LLP on

Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the...more

BakerHostetler

The First of Many Expected COVID-19 Criminal Cases Against Nursing Home Operators

BakerHostetler on

On September 24, 2020, Superintendent Bennett Walsh and former Medical Director David Clinton of the Soldiers’ Home in Holyoke, Massachusetts (SHH) were indicted on criminal neglect charges in what Attorney General Maura...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter from Patrick Malone - August 2020

Patrick Malone & Associates P.C. | DC Injury... on

The Covid-19 pandemic has taken a terrible toll on residents of nursing homes and other long-term care facilities nationwide. Federal and state regulators have bungled their response, failing to safeguard residents. Governors...more

Downey Brand LLP

California Court May Award Attorney’s Fees to Financial Elder Abuse Plaintiff Who Does Not Prove Damages

Downey Brand LLP on

A new case from the Court of Appeal once again illustrates the robust nature of claims under California’s Elder Abuse and Dependent Adult Civil Protection Act, also known as the Elder Abuse Act. In Arace v. Medico...more

Ward and Smith, P.A.

The Law on Nursing Home Injuries in North Carolina

Ward and Smith, P.A. on

There are more than 15,600 nursing homes in the United States, according to the most recent statistics. And more than 1.3 million residents live in these facilities. Most nursing homes provide excellent care to elderly or...more

Tucker Arensberg, P.C.

Skilled Nursing Facility Found Not Responsible For Sexual Assault of 87-Year-Old Resident

Tucker Arensberg, P.C. on

A federal judge of the U.S. District Court for the Western District of Pennsylvania recently granted the Pavilion at Bradford Regional Medical Center summary judgment, dismissing Plaintiff George R. MacFarlane’s lawsuit...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

Snell & Wilmer

Protecting Vulnerable Adults While Protecting Their Physicians – A Proposed Statutory Amendment

Snell & Wilmer on

The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore...more

Jackson Walker

Reasonable Suspicion of a Crime in a Long-Term Care Facility and OIG Findings

Jackson Walker on

On June 17, 2011, CMS published a memorandum detailing the reporting requirements when there is a reasonable suspicion of a crime in a long-term care facility as required by section 1150B of the Social Security Act....more

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