News & Analysis as of

Medical Malpractice Elder Abuse

Morris James LLP

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

Morris James LLP on

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

Hinshaw & Culbertson LLP

California Expands Non-Economic Damages In Survival Actions

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

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

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

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

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

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

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

Downey Brand LLP

Sacramento Court: Only a Health Care Agent Can Contract for Placement in an RCFE

Downey Brand LLP on

Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more

Searcy Denney Scarola Barnhart & Shipley

1 Incident Too Many — Crime in Nursing Homes

Don’t Ignore Elder Abuse - Nursing-home nightmares continue to plague the country, from California to Texas to Minnesota to Pennsylvania. But perhaps no other state is as impacted by the abuse, neglect and robbery of the...more

Downey Brand LLP

Doctors Who Disobey Health Care Agents in California May Be Liable for Elder Abuse

Downey Brand LLP on

A recent California appellate case, Stewart v. Superior Court (2017) 16 Cal.App.5th 87, validates the primacy of medical powers of attorney and (as they are more currently known) advance health care directives. Medical...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

Searcy Denney Scarola Barnhart & Shipley

Elder Abuse: Who is doing it?

When the time comes that an aging family member needs full-time care, or more care than he or she is receiving, most eyes turn to a daughter or a son, or depending on the circumstances, a grandchild. Often, employment...more

Searcy Denney Scarola Barnhart & Shipley

Elder Abuse: Signs, Symptoms You Can Identify

The mistreatment of the aged is a societal ill that, sadly, is unlikely to be cured soon. The statistics tell the story. By 2025, the global population of seniors (defined as those age 60 and older) will reach 1.2 billion....more

Searcy Denney Scarola Barnhart & Shipley

Elder Abuse: Awareness Day Aims To End It

Neglect of the elderly, an all-too-often occurrence in nursing homes and other community settings, will take center stage June 15, 2017, during World Elder Abuse Awareness Day....more

Searcy Denney Scarola Barnhart & Shipley

Congress is About to Take Away Your Rights

The U.S. Congress is fighting hard to take away your rights and the power of individual states to protect those rights. The influence of BIG BUSINESS over your elected representatives is being used protect careless and...more

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

You Should Know - March 2017

Proposed Law on Medical Malpractice and Nursing Home Abuse May Hurt Your Family - It’s already hard enough in many states to hold accountable those responsible for medical errors at nursing homes, clinics and hospitals....more

Baker Donelson

Nursing Home Reporting of Reasonable Suspicion of a Crime in a Long Term Care Facility

Baker Donelson on

Nursing facilities, skilled nursing facilities, hospices that provide services in long term care facilities and independent living facilities that provide services for the developmentally disabled ("facilities") are required...more

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