A nursing home abuse lawsuit has been remanded for a new trial – but solely on the personal injury claim, not the wrongful death claim – by the West Virginia Supreme Court. The court ruled the lower court erred in failing to apply certain tolling provisions and discovery rules that would have…
Courts generally enforce the strong federal policy that favors arbitration where such an agreement exists. However, that doesn’t mean a court will automatically dismiss a case that involves an arbitration clause in favor of that alternative dispute resolution. This is increasingly true in nursing home abuse cases, in which Florida…
A resident at an Illinois nursing home reportedly admitted to fire officials and police that she intentionally set a fire at the facility because she was, “tired of the nursing staff trying to boss her around.” That account is according to TV-KSDK, which reported the woman resided in the independent…
Abuse of the elderly in Florida is on the rise, according to a recent investigation by the Orlando Sentinel. Although the news outlet did not offer a breakdown of whether the abuse suffered occurred in long-term care facilities such as nursing homes and assisted living centers, those too were included…
A jury in Colorado has awarded the family of a former patient $5.5 million in damages – which included $5 million in punitive damages – following the death of a patient in 2013, just six months after she was admitted. Attorneys who represented her family announced in a press release the…
Nursing home arbitration agreements – which have become mandatory for admission for many facilities across the nation – restrict patients’ access to the court system in the event of disputes arising as a result of poor care or criminal acts. They are a serious problem, as they serve to curtail…
Nursing home arbitration agreements have become the new normal anytime a patient is admitted to a facility. These agreements are intended to limit the patient’s or family’s access to courts for resolution of disputes, such as those that arise as a result of nursing home abuse or nursing home neglect…
Anonymous complaints of nursing home abuse or neglect would be banned under a proposed law being mulled by lawmakers in Illinois. The bill, unsurprisingly supported by nursing home lobbyists, would prohibit anonymity, purportedly to slash the number of false complaints reportedly made to “Harass nursing homes.” Rep. Mike Unes, sponsor of…
Authorities are investigating the death of an elderly Florida nursing home resident who may have died of possible sun exposure after he was reportedly left outdoors for an extended period of time. According to Health News Florida, first responders in Pinellas Park were called to a nursing home to treat…
Florida nursing homes say state lawmakers need to break them off a larger piece of the taxpayer pie, saying legislators should restore the automatic 1 percent increase in Medicaid payments they had received up until 2011. That was the year state lawmakers halted the increase, citing budget concerns. But now,…