Poorly designed and built levees in the New Orleans area caused 92% of the flooding that hit a nursing home where 35 residents drowned after Hurricane Katrina, according to a defense witness. He was testifying...
Arbitration agreements: Is a signature enough?
By
Mario C. Giannettino
Jan 17, 2018
What are long-term care providers to do post-Kindred? Should they expect that their agreements to arbitrate will be enforced or invalidated at the state level?
Facility should have used a lift to move resident: court
By
Elizabeth Newman
Dec 02, 2012
A nursing home resident who suffered a broken leg while being helped out of bed has presented sufficient evidence of negligence to earn another chance to present her case to a jury, the Alabama Supreme...
Remorseful nurses spared jail, get probation in alarm-fatigue death
By
Marty Stempniak
Jan 29, 2019
Three former nursing home employees will not have to serve time in jail stemming from a resident’s alarm-fatigue related death.
Ask the legal expert: How do facilities respond to HCBS push?
By
John Durso
Oct 01, 2012
Every now and then a resident clamors to be “let out” to go live independently because of all the home- and community-based services push they’re seeing from the federal government. How...
Obama tries to maintain health reform timeline amid skepticism and doubt
Jul 22, 2009
As President Obama’s August 7 deadline for healthcare reform approaches, he has begun to rally his healthcare troops with a series of public events scheduled for this week, according to recent news...
Lawsuit settlement would transition disabled and elderly nursing home residents into community settings
Aug 31, 2011
A proposed settlement in a class action lawsuit could help low-income people with disabilities avoid nursing homes while saving the state money, the Chicago Tribune reported.
Still fighting $90 million verdict, HCR ManorCare settles a second negligence lawsuit in West Virginia
By
Tim Mullaney
Jul 11, 2013
Following a $90 million verdict against one HCR ManorCare nursing home in West Virginia, a different company facility in the state recently settled a wrongful death lawsuit under confidential terms. The...
Companies can’t stop employees from joining together in legal actions, court rules
By
May 31, 2016
Companies can’t require their employees to sign an arbitration clause that prevents them from banding together in legal actions, a federal appeals court ruled on Thursday.
Appeals court cuts sentences for SNF employees involved in patient death, deeming prison terms ‘excessive’
By
Marty Stempniak
Feb 28, 2019
A New York appeals court is dropping the sentences for three former nursing home employees who were convicted for their roles in a resident’s 2012 death.