Workers at state-run nursing homes face a higher risk of on-the-job injuries than construction workers or those in manufacturing. That’s based on the latest figures from the annual report issued by the U.S. Bureau of Labor Statistics on workplace illnesses and injuries. There were approximately 2.9 million nonfatal workplace injuries…
A woman in Oregon has filed a $2.7 million lawsuit against a nursing home, as well the physical therapy and hospice providers who were on contract with the facility, for alleged negligence resulting in the death of her elderly mother and stepfather. According to The Register-Guard, the woman alleges in…
A national nursing home chain with dozens of locations in Florida (including in Orlando) has agreed to pay $145 million to resolve a government lawsuit alleging the company violated the federal False Claims Act by intentionally causing its facilities to submit claims to Medicare and Tricare for rehab services that…
The federal government has issued a new rule that guarantees patients and their families the right to sue nursing homes and other long-term care facilities. This is huge for victims of abuse, neglect and negligence by these facilities, which have increasingly forced patients to sign mandatory arbitration agreements upon admission.…
Florida courts have been increasingly allowing nursing home negligence lawsuits to go to trial, despite the existence of nursing home arbitration agreements. Defendant nursing homes are looking to compel plaintiffs to resolve their dispute via arbitration, where outcomes are private and tend to favor the facility. The grounds on which…
The corporate structure of many for-profit nursing homes is specifically designed to make it difficult to impose liability when there is a dispute over the quality of care. Our nursing home abuse lawyers in Florida know it’s not unusual for a single nursing home to be tied to nearly half…
The Florida Supreme Court has issued an opinion in a nursing home negligence lawsuit, tossing an arbitration agreement and the reasoning by the 3rd DCA that it was enforceable because the son signed on behalf of his father who lacked mental capacity. The court in Mendez v. Hampton Court Nursing Ctr.…
Nursing home abuse and neglect lawsuits were always a challenge, for a myriad of reasons. But increasingly, more plaintiffs are running up against a formidable test: Arbitration. Arbitration agreements are thrust in front of patients and their families, often while they are in a state of emotional and physical turmoil –…
Federal authorities are suing a nursing home system alleging the company committed fraud by filing false claims to both Medicare and the state-based TennCare (in Tennessee) on behalf of senior residents. Even as these facilities were being compensated for a litany of specialized services, they were not extending even the…
A Florida nursing home has lost its bid to compel arbitration in the case of a woman who alleges her husband suffered injury as a result of nursing home negligence while a patient there. Although the trial court had ruled the case should go to arbitration, Florida’s 2nd District Court…