One of the trends in nursing home litigation has been the inclusion of mandatory arbitration agreements in admission paperwork. By signing an arbitration agreement (usually unknowingly), nursing home patients may surrender their opportunity to recover money for an injury via a traditional jury trial. Alternatively, injured parties must present their grievances before an individual or… Continue Reading
Tag Archives: damages
What is a surviving spouse entitled to in a wrongful death lawsuit against a nursing home?
Posted in Frequently Asked QuestionsMost states have enacted a specific cause of action for wrongful death lawsuit. For example, in Illinois, a surviving family spouse and/or family member is entitled to bring a lawsuit for the loss of the deceased services. Although no award can truly replace your loved one, you can be compensated for the loss of support… Continue Reading
Failure To Conduct Adequate Pre-Employment Criminal Background Search Costs Assisted Living Facilty $750,000
Posted in LitigationA jury awarded $750,000 to a disabled man who was a resident at Cote De Neige Home for Adults after he was sexually assaulted by a worker at the facility. The lawsuit was brought against the assisted living facility for their failure to conduct an adequate pre-hiring background search before hiring a certified nursing assistant. … Continue Reading
$29 Million Sought From Nursing Home In Case Involving Molestation Of Comatose Resident
Posted in LitigationThe legal guardians of a a comatose nursing home resident who was molested by a licensed practical nurse at a Virginia facility have filed a nursing home negligence lawsuit against the facility in Norfolk Circuit Court. The lawsuit alleges officials at Chesapeake Health and Rehabilitation should have known the nurse, Mark S. Albright, was prone… Continue Reading
Dehydration Death Costs Nursing Home $6.5M
Posted in DehydrationSometimes I’m amazed by the number of preventable situations that develop in nursing homes due to a facilities failure to provide basic care. I mean, doesn’t it seem obvious that facilities must provide food, water and a decent environment for their residents? Am I oversimplifying nursing home care? Perhaps, but the reality is that… Continue Reading
Tennessee Legislature Attempts To Limit The Rights Of Injured Nursing Home Residents
Posted in Legislation For Nursing HomesLawmakers in Tennessee are attempting to limit the rights of those injured due to nursing home abuse & neglect. Under a bill proposed by State Senators Jim Tracy (R-Shelbyville) and Randy Rinks (D- Savannah), nursing home residents injured or killed due to a facilities poor treatment would be limited to a recovery of $300,000 in… Continue Reading
Wrongful Death
Posted in Common Terms, Wrongful DeathI have used the term ‘wrongful death’ in many posts and was asked recently: What exactly does wrongful death consist of? ‘Wrongful death’ is usually associated with a legal cause of action on behalf of the person who died but also on behalf of the people close to the deceased who depended on the… Continue Reading
Damages
Posted in Litigation‘Damages’ refer to losses sustained do to physical or psychological injury for which you can be compensated. In cases involving injury or death, damages are assessed in terms of money compensation. In order to recover damages, you first must establish that an employee of a nursing home or the facility itself did something wrong or… Continue Reading