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Pennsylvania Supreme Court Holds Trial Court Erroneously Granted Nursing Home Mistrial Sua Sponte

September 30, 2020

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 today’s decision, we again recogniz[...]

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[...]

CMS To Begin Placing Alert Icon On Nursing Home Compare Website For Nursing Homes Where Abuse Has Been Reported

October 8, 2019

CMS announced on October 7, 2019 that “[l]ater this month, CMS will – for the first time – display a consumer alert icon next to nursing homes that have been cited for incidents of abuse, neglect, or exploitation for nursing homes on its Nursing Home Compare website … Previously, con[...]

Virginia Supreme Court Reverses And Remands Plaintiff’s Verdict In Nursing Home Rape Case On Respondeat Superior Issue

October 7, 2019

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 defendant nursing assistant molested and raped[...]

Wyoming Nursing Home With One-Star Rating Failed July Survey

September 4, 2019

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 incontinence supplies for 3 sam[...]

Delaware Court Refuses To Send Nursing Home Negligence Lawsuit To Arbitration

October 10, 2017

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 that when viewing the ev[...]

Florida Nursing Home Claim Lawyers Expecting Surge In Florida Nursing Home Negligence Claims After Hurricane Irma

September 14, 2017

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 Irma’s impact in the Sunshine Stat[...]

Arkansas Supreme Court Affirms Class Certification In Nursing Home Understaffing Lawsuit

May 27, 2017

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 because the nur[...]

Iowa Supreme Court Rules State Has No Liability For Sexual Assault Of Nursing Home Resident

April 17, 2017

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 was sexually assaulted by a co-resident who was a sex offender with a [...]

Pennsylvania Appellate Court Enforces Nursing Home Arbitration Agreement

February 10, 2017

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 nursing home arbitration agr[...]

Pennsylvania Nursing Home Chain To Pay $2M To Resolve Claims Of Misleading Consumers

October 13, 2016

A Pennsylvania nursing home chain reached a settlement agreement with the Pennsylvania Attorney General’s Office to pay $2 million to resolve claims that it misled consumers by failing to provide basic services to elderly and vulnerable residents. Reliant Senior Care Holdings, Inc. and rel[...]

California Nursing Home Chain Agrees To Pay $28.5M To Settle False Claims Allegations

September 28, 2016

The U.S. Department of Justice announced on September 19, 2016 that a California-based, for-profit operator of 35 skilled nursing facilities (nursing homes), most of which are in California, has agreed to pay the government $28.5 million in order to settle allegations that it violated the federal [...]

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