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…
A wealthy nursing home operator with mansions in Miami and Los Angeles is the subject of a U.S. Justice Department investigation and prosecution that alleges he orchestrated a Medicare and Medicaid bribery and kickback scheme totaling losses of more than $1 billion. Authorities in July stated it was the largest…
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…
A New York man has filed a nursing home negligence lawsuit against the facility where his mother died late last year after choking on a grilled cheese sandwich. According to Syracuse.com, the woman was just 63-years-old, yet suffered from dementia. For this reason, she had to wear dentures to bite…
Residents at a nursing home in North Dakota have settled with a hospital system following the largest outbreak of hepatitis C in recent U.S. history. However, the ongoing legal battle between the hospital and the nursing home where most of those involved were sickened will press on. Courthouse News Service…
Jurors overhearing a recent nursing home neglect case were so horrified by the details, they awarded $30 million in damages – $28 million of that being punitive damages against the nursing home, its two owners and related companies. Such damage awards aren’t necessarily the norm. In fact, most nursing home…