The Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”), in its Opinion filed on July 21, 2020, stated: “There are instances in which a party detects, but fails to preserve, an error that could result in a mistrial. In… Read More
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Indiana Appellate Court Dismisses Nursing Home Negligence Appeal
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… Read More
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Virginia Supreme Court Reverses And Remands Plaintiff’s Verdict In Nursing Home Rape Case On Respondeat Superior Issue
In its opinion filed on August 30, 2019, the Virginia Supreme Court held that the trial court had made erroneous evidentiary rulings regarding the admissibility of expert testimony in a nursing home negligence case where the plaintiff contended that the… Read More
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Wyoming Nursing Home With One-Star Rating Failed July Survey
A Wyoming nursing home that has the lowest rating (one star) under Medicare’s Nursing Home Compare rating system failed its July 2019 survey that stated, in part: “Based on observation, interview, and record review, the facility failed to provide necessary… Read More
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Delaware Court Refuses To Send Nursing Home Negligence Lawsuit To Arbitration
The Superior Court of the State of Delaware (“Delaware Court” ) issued an Order dated August 15, 2017 in which it denied the defendant nursing home’s request that the plaintiff’s Delaware nursing home negligence lawsuit be sent to arbitration, holding… Read More
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Florida Nursing Home Claim Lawyers Expecting Surge In Florida Nursing Home Negligence Claims After Hurricane Irma
Florida lawyers who handle Florida nursing home abuse claims, Florida nursing home neglect claims, and Florida nursing home negligence claims are gearing up to assist Florida nursing home residents who suffer serious injuries or death as a result of Hurricane… Read More
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Arkansas Supreme Court Affirms Class Certification In Nursing Home Understaffing Lawsuit
In its opinion delivered on May 4, 2017, the Supreme Court of Arkansas (“Arkansas Supreme Court”) affirmed that the lower court’s class certification was proper with regard to understaffing claims against the nursing home defendants, except for the negligence claims… Read More
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Iowa Supreme Court Rules State Has No Liability For Sexual Assault Of Nursing Home Resident
In its opinion filed on April 14, 2017, the Supreme Court of Iowa (“the Court”) held that the State of Iowa did not owe a duty of care to either the defendant nursing home or its 95-year-old nursing home resident who… Read More
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Pennsylvania Appellate Court Enforces Nursing Home Arbitration Agreement
The Superior Court of Pennsylvania (“Appellate Court”) decided in its opinion filed on January 27, 2017 that the trial court had erroneously determined that a nursing home resident lacked capacity to execute the nursing home arbitration agreement and that the… Read More
