Terminating Your Physician Employment Contract: Knowing your Exit Strategy
Malpractice Insurance: What Physicians And Dentists Should Know About Their Coverage
Malpractice Insurance: What Providers Need to Know
Polsinelli Podcast - Avoiding Professional Liability
Medical Malpractice Litigation
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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