News & Analysis as of

Neglect

Stark & Stark

Alarming Cases of Elder Abuse in NJ Long-Term Care Facilities

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Three employees of two separate New Jersey long-term care facilities were indicted this past month, highlighting grave concerns over resident safety and care standards in such facilities throughout the state....more

Morris James LLP

Nursing Home Abuse/Neglect FAQs in Delaware

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1. What are the signs of nursing home abuse or neglect in Delaware? Signs of nursing home abuse and neglect can vary, but common indicators include physical injuries like bruises, cuts, or bedsores; sudden weight loss;...more

Dechert LLP

Dechert Cyber Bits - Key Developments in Privacy & Cybersecurity - Issue 46

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EU AI Act: Political Agreement Reached on Terms of Landmark Legislation - Negotiators for the European Council and the European Parliament have reached political agreement on the provisions of the EU Artificial...more

Troutman Pepper

Massachusetts AG Announces Creation of New Elder Justice Unit, Appoints Experienced Health Care Prosecutor As Head

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Massachusetts Attorney General (AG) Andrea Joy Campbell announced the creation of a new Elder Justice Unit, which will use existing resources to protect and promote the safety and well-being of elders through enforcement...more

Furia Rubel Communications, Inc.

Working to End Child Abuse with Kathryn Robb, Executive Director of ChildUSAdvocacy: On Record PR

Gina Rubel goes on record with Kathryn Robb, executive director of Child USAdvocacy, to discuss important initiatives to end child abuse and neglect....more

Cozen O'Connor

Nursing Home Settles With AG James Over Allegations of Fraudulent Medicare Charges

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New York AG Letitia James, together with the DOJ, announced settlements with Saratoga Center for Rehabilitation and Skilled Nursing Care, a former 257-bed nursing home, and its owners, unlicensed operator, and landlord...more

Conyers

The Boundaries, and Benefits, of ‘Gross Negligence’ Under Cayman Islands Law

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For many years, it has been standard industry practice in the Cayman Islands, as in similar jurisdictions, for company directors, corporate service providers, and professional service providers, to apportion risk between...more

Dentons

Resident, Dependent Adult, and Older Individual Act Summary

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On July 1, 2022, Iowa’s first broad elder abuse criminal law went into effect after being passed by the Iowa House and Senate unanimously. The Act is entitled “Resident, Dependent Adult, and Older Individual Protection Act.”...more

Melito & Adolfsen

Investigating and Defending Nurse Homes in Cases of Severe Pressure Ulcers

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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

Cozen O'Connor

Massachusetts AG Healey Settles With Nursing Homes Over Patient Care Lapses

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Massachusetts AG Maura Healey has settled with five nursing homes in the Commonwealth over allegations of patient neglect, insufficient staff training, and inadequate care, which in some situations involved deaths of nursing...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

Morris James LLP

What is Nursing Home Abuse or Neglect?

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The statistics about nursing home neglect or abuse are jarring: a national survey of nursing home staff reported that a total of 36% of nursing home residents say that they witnessed a minimum of one incident of physical...more

Cozen O'Connor

Nursing Home Operator Settles Charges Of Resident Neglect And Insufficient Emergency Response Training

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Massachusetts AG Maura Healey reached a settlement with nursing home operator Milton HC Operating, LLC (“Milton”) to resolve allegations of resident neglect and long-term care regulatory violations...more

Fox Rothschild LLP

Pro Bono Opportunity: The Guardian ad Litem Program

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As you no doubt have noticed, virtually every batch of opinions from our State appellate courts includes at least one “Rule 3.1” case involving allegations of abuse, neglect, or dependency. What you may forget is that each...more

Payne & Fears

Human Resources Employees and Supervisors of Minors Are Now “Mandated Reporters” Under California Law

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California’s Child Abuse and Neglect Reporting Act requires that certain “mandated reporters” report whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observe a child...more

Blank Rome LLP

Pennsylvania Attorney General Cracking Down on Nursing Home Neglect Amid Coronavirus Pandemic

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The Pennsylvania Attorney General is cracking down on patient neglect in nursing homes amid the ongoing and ever-evolving coronavirus pandemic. Criminal investigations already have begun, and more can be expected....more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Continue to Flex Muscles During COVID-19 Pandemic

Over the past few weeks, the Orrick State Attorney General Practice Group has highlighted the numerous ways in which state Attorneys General are enforcing state laws in response to the COVID-19 pandemic. With some states...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

Carlton Fields

Court Denies Motion to Set Aside Confirmation of Arbitration Award, Rejecting Arguments of Excusable Neglect, Manifest Disregard...

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The case involved a dispute over an automobile equipment supply contract. The parties’ disagreement was arbitrated, and the prevailing party filed in federal court for confirmation of the award. The supplier, after losing the...more

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

Government watchdog, finding abuse complaints doubled, criticizes nursing home oversight

With complaints of nursing home abuses doubling between 2013 and 2017, the federal agency with oversight of these facilities must improve significantly its efforts to protect millions of vulnerable seniors, the U.S....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

Amundsen Davis LLC

What You Don’t Know Can Hurt You: Employee Background Checks At Skilled Nursing Facilities

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Skilled Nursing Facilities (SNFs) are responsible for shielding residents “from abuse, neglect, misappropriation of resident property, and exploitation.” 42 C.F.R. § 483.12. This regulation implicates the employment process,...more

Steptoe & Johnson PLLC

WV Supreme Court Broadly Applies Immunity to Certain State Employees

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In the recent West Virginia Supreme Court case of R.L.D. v. W.Va. Dep’t of Health & Human Res., 2018 WL 6040310 (November 19, 2018), the Court upheld summary judgment as a matter of law in favor of Child Protective Services...more

Bricker Graydon LLP

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

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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

Farrell Fritz, P.C.

N.Y. Court of Appeals Reinstates Justice Center’s Oversight of Provider Agencies

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Earlier this Summer, the Court of Appeals overturned the Appellate Division Third Department’s (the “Third Department”) unanimous decision in The Matter of Anonymous v. Molik, where it ruled that the New York State Justice...more

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