Tennessee Court Helps Establish Standard Of Care In Nursing Home Negligence Cases
An important court decision Tennessee Supreme Court decision helps clarify what is necessary for injured parties to prove their care in a nursing home negligence lawsuit. The case stems from the lawsuit initiated by Kimberly S. French, the daughter of Martha S. French. Ms. French brought a wrongful death case against the Stratford House nursing home alleging: Ordinary negligence Negligence per se based on violations of state and federal nursing home regulations Violations of the Tennessee Adult Protection Act In response to the lawsuit, the defendant nursing home filed a motion for partial summary judgment, dismissing the negligence per se...
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Nursing Home Injury Laws
In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing. In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws. Nursing Home Injury Laws, provides every states': Nursing Home Laws Medical Malpractice Laws State Resources Applicable State Code Common Nursing Home Injuries Glossary Recognized Books & Journals Nursing Home FAQ Additionally, we will be posting regular updates regarding important developments relevant to nursing home care within each state. Here is a...
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Bankruptcy Laws Allow Owners Of Assisted Living Facility To Ignore $1.2M Judgment Against Them
The $1.2 million judgment North Carolina Superior Court Judge, James Ammons handed down in a 2006 negligence trial will literally amount to nothing after the owners of the Countryside Villa run-for-cover under North Carolina's bankruptcy laws. The large verdict against the assisted living facility was awarded to Joe Cooper, a Marine Corps Veteran, who suffered a concussion, respiratory failure that required a breathing tube and the loss of several teeth in a incident that occurred at the facility in 2003. In addition to the facilities responsibility for Mr. Cooper's injuries related to the specific episode, Judge Ammons also concluded that...
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Lawsuit Claims That Nursing Home's Negligence Resulted In Patient's Decubitus Ulcers
A nursing home negligence lawsuit has been filed against Highland Health Care Center and its parent company Covenant Care Midwest for their negligent care of a patient. The lawsuit alleges that the patient was admitted to Highland Health Care Center on November 5, 2008 for physical therapy, following a total knee replacement surgery. During the course of the prescribed physical therapy, the patient developed decubitus ulcers on his back and heel. The decubitus ulcers became so severe that, surgery was required to help heal the wounds. The nursing home negligence lawsuit claims Highland Health Care Center made numerous mistakes...
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Nursing Home Staff: Does Your Facility Love You? If So, They Would Properly Insure You.
Long before summer parties have begun, some nursing home owners are getting into a limbo contest of their own-- how low can they go with respect to the liability insurance they carry for their facility. In terms of liability insurance coverage, many facilities are electing to completely forgo such insurance or obtain such negligible coverage that provides mostly for the 'cost of defense' -- to pay lawyers to defend them. These are termed 'eroding' or 'wasting' where the cost of defense is deducted from the policy limits. Hence, if a facility had a $500,000 eroding policy and there were...
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Nursing Home Fined For Negligent Care Of Resident On Ventilator
The California Department of Pubic Health has imposed the maximum fine permitted under the law against Casa Bonita Convalescent Hospital in connection with the death of a ventilator dependent resident. State regulators issued three citations against the facility for the 2007 death of the 90-year-old resident. An investigation in the incident by state authorities determined poor care led to the woman's death when staff at the facility intentionally disconnected the woman from a ventilator and shut-off a remote alarm to notify staff of problems with the machine. Read more abut this California nursing home here....
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Even In Death, Assisted Living Facility Mistreats Its Residents
The report of staff at the Edgewood Vista Assisted Living Facility, incorrectly telling the family of a resident she was dead gave me chills. For six hours the family mourned the loss of their loved one--no reason to second guess the grim message. An afternoon-shift nurse at the facility caught the mistake while making medication rounds and realized the facility had mistakenly switched the roommates identities-- and realized the 'deceased' resident was very much alive. Officials at the assisted living facility, acknowledge the mistake happened because the roommates charts were 'mixed up' and because the death occurred early in the...
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What Are The Rights Of A Nursing Home Visitor Who Sustains An Injury During A Visit?
"What are the rights of nursing home visitor who sustains an injury during a visit?" -Asks, Marie a 58-year-old Cicero, Illinois resident who fell on broken stairs when entered a Chicago nursing home during visit to see her mother-in-law and broke her leg Visitors to a nursing home may pursue a 'premises liability' claim against the nursing home for injuries sustained due to improperly or negligently maintained premises. Claim for negligence may be pursued against the nursing home and other parties who maintain or control the area where the injury occurred. In Marie's case she may pursue a claim directly...
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Nursing Home Negligence Lawsuit Filed After Man Wandered From West Virginia Facility
The family of a man suffered from dementia and has filed a wrongful death lawsuit against the nursing home responsible for his care. The man was killed after he was struck by a CSX train. The lawsuit names Heartland of Charleston nursing home and its parent company Health Care and Retirement Corp. of America LLC. The lawsuit alleges the nursing home failed to: Provide adequate supervision to the man Follow facility protocols for missing residents Secure the facility Failed to use security cameras on the property to locate the man The lawsuit highlights the tragedy that may result if a...
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AARP Joins Fight To Preserve Right To Jury Trial
AARP, filed a 'friend of the court' brief in a wrongful death lawsuit pending in New Mexico. The brief is intended to provide supplement information to the court regarding an injured nursing home resident's ability to pursue a nursing home negligence lawsuit in court as opposed to binding arbitration as stipulated to in a nursing home admission agreement. Roswell Senior Living, the owner of a nursing home in New Mexico filed a motion to dismiss a nursing home negligence lawsuit filed by the family of a deceased nursing home resident. Roswell claims any disputes involving nursing home injury or death,...
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