Terminations without litigation in the nursing home industry: Part Two
By
Howard Kurman and Julius Steiner
Aug 13, 2012
It is important for employers to create documents throughout the course of an employee’s employment that could ultimately provide support for termination decisions.
West Virginia courts incorrectly applied federal law in nursing home arbitration cases, U.S. Supreme...
Feb 22, 2012
The West Virginia Supreme Court must re-examine a major ruling that make nursing home arbitration agreements invalid, according to a U.S. Supreme Court decision Tuesday.
The delta variant and long-term care: Key liability and risk considerations
By
James “JJ” Maskowitz
Sep 08, 2021
Over the course of 2020, it became apparent that long-term care facilities needed to be thoroughly prepared for unexpected health or safety issues. Facilities around the nation learned that it is vital...
Ask the legal expert … about email privacy
By
John Durso
Jul 01, 2013
Are emails between nursing staff and supervisors commenting on a resident’s status — such as cautions about keeping an eye on a resident who ultimately falls into a bad condition (pressure ulcer,...
Sure you want to go there? Litigation more perilous in some areas than others
By
John O'Connor
Oct 17, 2016
We might soon start to see the emergence of a divestiture trend based less on undesirable holdings and more on undesirable locales. The obvious choices will be cities and states with a plaintiff-friendly...
Terminations without litigation in the nursing home industry: Part Three
By
Howard Kurman, Esq. & Julius Steiner, Esq.
Aug 23, 2012
Terminations today pose far more legal risk than they did even 20 years ago. Irrespective of the size of the employer, a disgruntled employee who has been involuntarily terminated is likely to challenge...
The tragedy of COVID-19 spousal separations
By
David Barmak, J.D.
Nov 25, 2020
Marriage vows are hard to honor when you are prohibited from being with a spouse who is dying alone in a nursing home, a victim of COVID-19. Two family friends, married for well over 50 years, endured...
Preparing for litigation after COVID-19
By
Rebecca A. Brommel
Andrew Brantingham
Nov 09, 2020
Long-term care facilities have been in the fight of their lives – and for the lives of their residents – since March. In addition to the usual regulatory requirements, facilities must deal with COVID-19...
Providers warned about preparing for new HIPAA regs
By
James M. Berklan
Nov 04, 2022
AS VEGAS — Long-term care providers who have had their attention diverted by pandemic and other urgent matters need to start preparing for new HIPAA requirements as soon as possible, a pair of health-records...
Wound care cases can be won, attorney emphasizes
By
McKnight's Staff
Mar 22, 2012
Document, document, document: That’s the key to avoiding costly wound care mishaps in a nursing facility, an attorney told McKnight’s Online Expo participants Thursday.