It was only recently that health officials in Iowa learned it was not illegal for someone to share photos of a nursing home resident covered in feces. This loophole in the law was only discovered when a certified nursing assistant shared one such humiliating photograph of an elderly patient on…
Articles Posted in nursing home abuse lawyer
Nursing Home Resident Arrested for Sexual Battery of 94-Year-Old
Police in Lantana have arrested an 87-year-old nursing home resident after a staffer reportedly walked in on him performing oral sex on a 94-year-old male resident at the facility. The alleged victim suffers from Parkinson’s disease and was not able to answer the staff or police questions beyond unintelligible responses.…
Tarvin v. CLC of Jackson – Legal Authority to Sign Arbitration Agreement for Nursing Home Residents
The enforceability of nursing home arbitration agreements often rests on: Who signed it? And furthermore, what authority did that person have to do so? It’s a key point in many nursing home abuse lawsuits because arbitration agreements prohibit residents – and their estates – from suing the nursing home in court.…
Williams v. CMO Mgmt. – Nursing Home Abuse Lawsuit to be Retried
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…
Jurors Award $5.5M to Nursing Home Abuse Plaintiff in Wrongful Death Lawsuit
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…
Reinshagen v. WRYP – Damage Caps in Nursing Home Arbitration Agreements Void Contract
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…
$1 Million Nursing Home Wrongful Death Settlement
The family of an 87-year-old California woman wanted to ensure she was taken care of. That’s why they invested in one of the best regional facilities money could buy for her elder age care. And yet, she still succumbed to one of the most unnecessary and painful forms of death:…
Pivotal to Nursing Home Abuse Lawsuit: Who Signed?
An increasing number of nursing home abuse lawsuits boil down to this single question: Who signed the admissions contract? Specifically at issue is who signed the provision compelling arbitration or agreeing to release the center from liability. The reason this question is central is because if the person who signed was not…
For Dodging Nursing Home Abuse Verdict, Owner to Pay $1.6M
A former nursing home owner is being held personally responsible to pay $1.6 million after a court found he tried to transfer money from the facility’s bank accounts to avoid payment of previous court judgments handed down for abuse of residents. According to media reports of the case, one of the…
Feds: Biggest Nursing Home in Nation to Pay $125M for False Claims
The largest nursing home rehabilitation therapy provider in the nation has agreed to a $125 million settlement after federal prosecutors accused the firm of submitting phony Medicare claims. RehabCare, a subsidiary of Kindred Healthcare Inc., Kentucky-based company, and operators of four facilities, allegedly submitted claims for Medicare service bills that were…