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Arizona Appellate Court Rules Claim For Fall From Wheelchair Not Subject To Nursing Home Arbitration Agreement

February 14, 2020

The Arizona Court of Appeals Division One (“Arizona Appellate Court”) ruled in its decision dated January 28, 2020: “Plaintiffs’ claims are not for “medical malpractice” under the arbitration agreement because pushing a wheelchair from breakfast is not a “medical service”[...]

Indiana Appellate Court Dismisses Nursing Home Negligence Appeal

January 20, 2020

In its opinion dated December 26, 2019, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “Joann Sartain filed a four-count complaint against Trilogy Healthcare of Hamilton II, LLC d/b/a Prairie Lakes Health Campus (“Prairie Lakes”). Prairie Lakes moved to dismi[...]

Investigation Finds Massachusetts Nursing Home Placing Residents In “Immediate Jeopardy” Of Harm

August 18, 2016

A long-troubled Massachusetts nursing home, owned and operated by a long-troubled nursing home chain, has been found to be placing residents in “immediate jeopardy” of harm, leading to the imposition of a hefty fine ($200,000), the freezing of payments from federal health care programs, [...]

Oklahoma Nursing Home Sued For Alleged Sexual Assault On Resident

July 26, 2016

On July 20, 2016, a former resident of an Oklahoma nursing home filed a lawsuit against the nursing home seeking monetary damages for sexual assault that she suffered at the hands of its former employee. The plaintiff is one of four nursing home residents who were allegedly sexually assaulted by the[...]

California Nursing Home Lawsuit Alleges Neglect Led To Resident’s Fall And Death

July 10, 2016

A California nursing home negligence lawsuit filed on June 14, 2016 alleges that a California nursing home’s under-staffing and its neglect of a 74-year-old resident led to her fall in February 2016 while she was in her bathroom and her subsequent death one month later while being treated in a[...]

Kentucky Nursing Home Lawsuit Alleges Resident’s Death After Elopement

July 4, 2016

A Kentucky nursing home neglect case was filed on May 31, 2016 by the executor of the estate of a 95-year-old resident of the defendant nursing home who eloped from the nursing home on January 16, 2016, when the temperature outside had reached 6 degrees above zero, and froze to death on the front la[...]

CMS Statistical Report On Nursing Home Enforcement Reports

June 25, 2016

On June 3, 2016, the Centers for Medicare and Medicaid Services (“CMS”) issued its report entitled Nursing Home Enforcement Reports Through December 31, 2014 (“Report”). The Nursing Home Enforcement Reports analyzed in the Report covered the years 2006 through 2014 and prov[...]

Prevention Of UTI In Nursing Homes

June 18, 2016

A new study recently presented at the 43rd Annual Conference of the Association for Professionals in Infection Control and Epidemiology (“APIC”) that was held in Charlotte, North Carolina from June 11 to June 13, 2016, found little consistency among nursing homes in the United States reg[...]

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