In NC Leasing LLC v. Junker, a state high court ruled it was erroneous in a nursing home negligence case to deny a motion to compel arbitration simply on the basis of forum unavailability. Instead, the trial court should have held a hearing to determine the agreement’s validity. The case…
Articles Posted in nursing home negligence
Report: Dementia Care Lacking in Nursing Homes
A recent in-depth analysis published by The Boston Globe shows that 6 in 10 nursing homes advertising care specifically for dementia patients may be sidestepping state rules intended to avoid false advertising. A review by the Alzheimer’s Association of Massachusetts and New Hampshire echoes an earlier study conducted by Globe…
Feds Seek Higher Scrutiny of Blood Thinner Use in Nursing Homes
Federal authorities have issued notice to health inspectors across the country to watch for medication errors in nursing homes related to a blood thinner known as Coumadin. The announcement cited a recent investigation by ProPublica and The Washington Post in which it was revealed hundreds of patients had been hospitalized…
Nursing Home Lawsuit Alleges Woman Died From Neglect
An 85-year-old woman who died last year at a nursing home in Maryland reportedly suffered negligence and neglect by staffers who were charged with caring for her. In a lawsuit filed by her family against a large nursing home chain (which has branches in Florida), the woman’s daughter-in-law reportedly shot…
Morrow v. Fundamental Long-Term Care – Nursing Home Shower Injury
A lawsuit alleging nursing home injury sustained to a patient who was dropped while being assisted into the shower was weighed recently by the South Carolina Supreme Court. Specifically at issue in Morrow v. Fundamental Long-Term Care was whether plaintiffs – patient and his wife – could appeal an order…
Stayton v. Delaware Health Corporation – Nursing Home Burn Injuries Prompt Lawsuit
Those in nursing home facilities and long-term care centers are at heightened risk of burn injuries for a number of reasons. The majority of those living in nursing homes have health and mobility issues, which means any attempted evacuation for a fire or other issue is fraught with going to…
Lawsuit: Nursing Home Tried to Conceal Medication Error
Medication errors in nursing homes are recognized as a common problem, and inspectors for the state will specifically analyze the rate of mistakes when grading a facility on its care. All nursing homes are required by law to maintain a medication error rate of less than 5 percent, and there…
Voorhees Road LLC et al. v. Mallard – Florida Nursing Home Arbitration Agreements
More and more, people are learning that nursing homes are exploiting elderly residents and their loved ones through the process of forced arbitration clauses. Basically, these agreements require residents or their loved ones to sign away their right to sue in the event of negligent caregiving. Instead, the only avenue…
Study: Nursing Home Fall Injuries Reduced With Special Flooring
A special kind of impact-absorbing floor material was found to slash fall-related injuries by approximately 60 percent in Swedish nursing homes, according to a new study published in the journal Injury Prevention. The lead author of the study noted the seriousness of falls for elderly in nursing homes, asserting they…
CFPB: Forced Arbitration Bad For Consumers; Elderly Advocates Urge Policy Change
Anyone who has ever assisted an elderly relative likely endured the process of signing or reviewing stacks of admission paperwork. And most probably, somewhere in that stack, was an arbitration agreement. These agreements have become standard in many areas of commerce, and nursing home care is apparently no exception. In…