Assisted Living Claims Archives - Page 3 of 4

New Jersey Appellate Court Does Not Allow Expert’s Net Opinion Against Assisted Living Facility

March 10, 2021

In its decision filed on February 5, 2021, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in an assisted living negligence case that “inspecting a patient’s room at least once per hour may well be a reasonable standard, depending on ho[...]

Chancellor Senior Management, Ltd Loses Bid To Force Arbitration Of Assisted Living Class Action Claims

November 4, 2020

In 2016, the plaintiff filed a proposed class action lawsuit against Chancellor Senior Management, Ltd (“Chancellor”) alleging that Chancellor, which owned, operated, managed and controlled four senior living communities in the State of West Virginia consisting of multiple assisted livin[...]

SC Appellate Court Denies Residential Care Facility’s Motion

September 6, 2020

The South Carolina Court of Appeals (“South Carolina Appellate Court”), in its opinion dated July 29, 2020, held: “We conclude Appellants may not use equitable estoppel to bind Weaver to the arbitration provision. Because no valid arbitration agreement existed between Appellants an[...]

North Carolina Assisted Living Facility Cited For Dementia Residents Fight Club

November 10, 2019

On July 26, 2019, the North Carolina Division of Health Service Regulation cited a North Carolina assisted living facility (adult care home) stating: “Based on observations, interviews and record reviews, the facility failed to assure 3 of 6 sampled residents (Residents #8, #9 and #10) in the [...]

$6M Florida Assisted Living Wrongful Death Verdict

May 28, 2019

The family of a 97-year-old resident of a Florida assisted living facility received a verdict against the defendant Florida assisted living facility in the amount of $6 million in May 2019, for the death of the resident in 2017 after she fell outside the facility in the scorching July heat and no on[...]

$42.5M California Elder Abuse Verdict Against Assisted Living Facility

May 23, 2019

In April 2019, an elder abuse jury in California returned its verdict in the amount of $42.5 million against as assisted living facility for the death of a resident, awarding the woman’s family $7 million in compensatory damages and an additional $35 million in punitive damages, which represen[...]

Pennsylvania House Of Representatives Rejects Proposal To Limit Punitive Damages Against Nursing Homes

August 31, 2018

The Pennsylvania House of Representatives voted 103 to 91 in late June against a proposal that would have limited punitive damages verdicts against Pennsylvania nursing homes to 250% of the compensatory damages awarded, by applying the cap contained in the Pennsylvania Medical Care Availability and [...]

Florida Assisted Living Negligence Lawsuit Alleges Wrongful Death Of 97-Year-Old Resident

February 8, 2018

The son and daughter of a 97-year-old resident of a Florida assisted living facility has filed a wrongful death negligence lawsuit against the assisted living facility, alleging that the resident was left outside in the excessive heat for about six hours on July 5, 2017 after she fell from her scoot[...]

Baltimore Assisted Living Home Licensed For Four But Housed Sixteen

March 15, 2017

A Baltimore assisted living home that was licensed for four beds actually housed sixteen residents, according to a Baltimore County police investigation. The Maryland Office of Health Care Quality initiated an investigation after the cousin of an 85-year-old resident of the Maryland assisted living [...]

Michigan Assisted Living Facility Sued For Elopement Death

January 22, 2017

The husband of a woman suffering from early onset dementia filed a lawsuit on January 12, 2017 against the Michigan assisted living facility where she had resided, for her death that resulted from her elopement from the facility and the failure of the assisted living facility staff to check on her. [...]

Washington Supreme Court Allows Private Cause Of Action For Failure To Report Nursing Home Abuse

May 26, 2016

In its opinion filed on May 12, 2016, the Supreme Court of the State of Washington (“Washington Supreme Court”) held that Washington State’s Abuse of Vulnerable Adults Act (“AVAA”), chapter 7 4.34 RCW, created an implied cause of action against mandated reporters who f[...]

California Appellate Court Denies Assisted Living Facility’s Demand For Arbitration Of Wrongful Death Claim

February 29, 2016

In its decision filed on January 29, 2016, the Court of Appeal of the State of California First Appellate District Division One (“Appellate Court”) held that the wrongful death beneficiaries in an assisted living facility wrongful death and elder abuse lawsuit were not bound by the ag[...]

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Category: Assisted Living Claims