A new court decision by the Eleventh Circuit in the matter of Bradley v. Sebelius, 2010 WL 3769132 (11th Cir. Sept. 29, 2010) helps clarify the murky area of the law as to who is exactly entitled to the proceeds from a wrongful death settlement proceeds in nursing home cases. In making its decision, the… Continue Reading
Tag Archives: settlement
Failure To Properly Treat Surgical Wounds Results In Settlement Of Wrongful Death Case With Nursing Home
Posted in Infections In Nursing Homes, Wrongful DeathThe Chicago Tribune reported on a story involving the $2 million settlement of a wrongful death lawsuit involving a patient at a Wisconsin nursing home who suffered complications from improperly cared for surgical wounds. The patient identified as Cynthia Wilms, was admitted to Willows Nursing and Rehabilitation in 2007 following a hip replacement surgery. According… Continue Reading
Nursing Home Staff: Does Your Facility Love You? If So, They Would Properly Insure You.
Posted in Nursing Home StaffLong 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… Continue Reading
Settlement Reached With Hospital & Assisted-Living Facility In Case Involving Amputation Of Woman’s Legs
Posted in LitigationFollowing a trial and appeal, the family of Alice Limbrick has reached a settlement with the assisted-living facility where she was a resident. In the lawsuit (Roy Limbrick et al v. Mariner Health Care, Inc.), the deceased woman’s family claimed both the assisted living facility where she was a resident and a hospital where she… Continue Reading
State Settles Nursing Home Lawsuits For Exposure To TB
Posted in National Nursing Home IssuesEleven people exposed to tuberculosis at Pinecrest Hospital, a West Virginia nursing home, have settled their lawsuits brought against the facility. The lawsuit was brought on behalf of nursing home patients, employees and visitors claims the nursing home was negligent in failing to keep air contaminated with TB out of the general areas of the… Continue Reading
Are Trials Really That Important?
Posted in LitigationI began to think about this following my recent post on the Fairness In Nursing Home Arbitration Act and reading Donald Vanarelli’s Blog on elder law. The reality of the matter is that trials are becoming less common with both parties frequently opting to either settle their disputes amongst themselves, agree to binding arbitration or… Continue Reading