News & Analysis as of

Nursing Homes Medical Malpractice

Dorsey & Whitney LLP

U.S. Supreme Court Expands Options for Residents & Families Suing Nursing Homes

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In a ruling issued today, the United States Supreme Court held that the family of a nursing home resident could bring a claim against the nursing home under the Federal Nursing Home Reform Act via section 1983.  ...more

Melito & Adolfsen

Investigating and Defending Nurse Homes in Cases of Severe Pressure Ulcers

Melito & Adolfsen on

When a resident of a nursing home suffers from severe pressure ulcers any claim against the facility may initially seem indefensible. But careful evaluation of the record may very well show that not to be the case. If there...more

Arnall Golden Gregory LLP

Supreme Court To Hear Case Regarding Section 1983 Enforcement of FNHRA Violations

The Supreme Court, on May 2, 2022, granted certiorari to consider whether certain provisions in the Federal Nursing Home Reform Act (“FNHRA”) create rights that are federally enforceable by nursing home residents under 42...more

Morris James LLP

What are the warning signs of nursing home abuse or neglect?

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Nursing homes, skilled nursing facilities, rehabilitation centers, assisted living facilities, and in-home elder care services are used by many families trying to provide care for their parents, grandparents, and other loved...more

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

Nursing homes misdiagnose and sedate residents with strong drugs but lag on vaccinating staff

The nation’s nursing homes, battered by the coronavirus pandemic, are under more fire for their resurgent reliance on powerful and risky psychiatric drugs and shaky diagnoses of mental illness to treat elderly residents, as...more

Quarles & Brady LLP

Court Decision Opens Door to Potential Flood of Federal Court Litigation Against Indiana Skilled Nursing Facilities

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On July 27, 2021, the United States Court of Appeals for the Seventh Circuit (the "Court" or "7th Circuit") issued a ruling which could dramatically impact litigation involving Indiana skilled nursing facilities (SNFs). In...more

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

Big reconsideration under way for long-term care as coronavirus toll eases

Residents and their loved ones may have reached a major turning point with nursing homes and other long-term care facilities, agonizing as to whether the institutions really can provide safe, hygienic, and welcoming places...more

Burr & Forman

Health Care E-Note - March 2021

Burr & Forman on

Helpful Hints - CMS Updates Nursing Home Guidance with Revised Visitation Recommendations - On March 10, 2021, CMS announced guidance on expanding indoor visitation in nursing homes, in response to significant...more

Pierce Atwood LLP

COVID-19: Will Maine’s Long-term Care Facilities Become Targets for Class Action Litigation?

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Long-term care facilities have seen some of the worst of the COVID-19 pandemic since it erupted in March. In Maine, residents of nursing homes and other long-term care facilities make up a large portion of the state’s total...more

McAfee & Taft

A brief history of the future: Healthcare amid the pandemic

McAfee & Taft on

We want to share our perspective about various legal and regulatory issues and business challenges affecting the healthcare industry from COVID-19, along with a few anticipated changes in the legal and regulatory climate. ...more

Faegre Drinker Biddle & Reath LLP

PREP Act Does Not Require Federal Forum for State Law Negligence Claims Related to COVID-19

A New Jersey District Court Judge has ruled that the March 2020 federal liability immunity statute for pandemic-related countermeasures does not create a basis for federal jurisdiction, resulting in the remand of two...more

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

Many Maryland nursing homes fined in state’s pandemic-related check-up

It turns out there is more to be said about Maryland’s recently completed, pandemic-related checks on hundreds of nursing homes and long-term care facilities....more

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

Better Healthcare Newsletter from Patrick Malone - August 2020

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

Searcy Denney Scarola Barnhart & Shipley

Is Industry Using the Coronavirus Pandemic to Gain Special Immunity?

Hospitals and nursing homes are selfishly seeking protection from civil and criminal lawsuits as the coronavirus spreads across the country. Sadly, they are succeeding. And, these facilities are not small hospitals or nursing...more

Dechert LLP

Nursing Homes and Other Senior Living Facilities Can Take Practical Steps to Reduce Litigation Risks

Dechert LLP on

The COVID-19 pandemic finds nursing homes and other senior living facilities confronting unprecedented operational challenges and risks. The highly vulnerable population served, combined with the near impossibility of both...more

Searcy Denney Scarola Barnhart & Shipley

Elder Care Facilities and Nursing Homes Putting Patients at Risk - Long Before Coronavirus

Long before Covid-19 ravaged nursing homes, the long-term care industry had an infection control problem. On March 4, 2020 in response to the coronavirus, the Centers for Medicare & Medicaid Services (CMS) announced that it...more

Conn Kavanaugh

Finally! Some Relief for Healthcare Providers Risking Their Lives to Respond to COVID-19

Conn Kavanaugh on

Across the country, hospitals and healthcare providers are facing an unprecedented surge of patients with COVID-19 symptoms while continuing to care for patients with other medical conditions. Responding adequately to the...more

Pullman & Comley, LLC

Health Law From the Courts: Review of 2019 Connecticut Case Law

Pullman & Comley, LLC on

Our annual survey of health law cases for 2019 includes a number of notable decisions affecting the practice of medicine and the delivery of other health care services in Connecticut.  These include the Connecticut Supreme...more

Melito & Adolfsen

Understanding What Needs to be Proved to Show Medical Malpractice, Negligence, or Violation of The Public Health Law in a Nursing...

Melito & Adolfsen on

In a case against a nursing home alleging bodily injury or personal injury, it is common to allege three causes of action. The first is medical malpractice. The second is negligence. And the third is a violation of Article 28...more

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

Grim way to increase nursing home profit: Toss out frail seniors and disabled

Profit-hungry nursing home operators persist in throwing out vulnerable seniors and disabled patients from needed care, too often because the facilities find they can get higher-paying patients to fill their already costly...more

White and Williams LLP

Nursing Homes Defending NY Lawsuits Brought by an Estate Should Scrutinize Whether the Plaintiff has Legal Capacity to Assert...

A New York appellate court recently addressed whether a voluntary or proposed administrator has standing to bring an action on behalf of a deceased individual. In Rodriguez v. River Valley Care Center, Inc., the court held...more

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

Case by case, constitutional rights are lost to corporations and forced arbitration

When older Americans suffer major injury or illness, their loved ones may find themselves under the gun, making expensive and complex decisions about their care. They’re likely to be slammed, too, with stacks of paperwork...more

Pullman & Comley, LLC

ALERT: 2018 Round-Up: Key Connecticut Court Decisions Impacting Health Care Providers

Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Bricker Graydon LLP

Medical professionals required to report suspected elder abuse, neglect or exploitation

Bricker Graydon LLP on

Effective September 29, 2018, medical professionals in Ohio, including physicians and nurses, are required to report suspected elder abuse, neglect or exploitation. Ohio Revised Code 5101.63, which creates a duty to report...more

Searcy Denney Scarola Barnhart & Shipley

Is there any excuse for Elder Abuse? NO!

Nursing Home Abuse comes in all forms - Another horror story unfolded at a nursing home in Boynton Beach, Fla., where a 67-year-old woman with dementia was duct-taped to a chair by her caretakers. Her caretakers,...more

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