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New Jersey Appellate Court Reverses Dismissal Of Ordinary Negligence Claim Against Nursing Home

July 18, 2017

In an unpublished opinion filed on June 26, 2017, the Superior Court of New Jersey Appellate Division (“Appellate Court”) held that the plaintiff’s complaint against the defendant nursing home involving the injuries he suffered as a result of his fall while being transferred from h[...]

New York Nursing Home Negligence Lawsuit For Fatal Resident On Resident Attack

March 17, 2017

The family of an 82-year-old female nursing home resident who inadvertently wandered into the room of an 84-year-old male resident who had dementia filed a lawsuit against the nursing home on March 3, 2017, alleging that the defendant nursing home failed to prevent the man from violently attacking t[...]

Georgia Appellate Court Overturns Summary Judgment In Favor Of Nursing Home

February 2, 2017

In its decision filed on January 18, 2017, the Court of Appeals of Georgia (“Appellate Court”) held that the trial court had erroneously entered judgment in favor of the defendant nursing home and the defendant nursing home physician in a Georgia nursing home negligence lawsuit that all[...]

Maryland Nursing Home Operator Charged With Dumping Residents

January 3, 2017

On December 21, 2016, Maryland’s Attorney General announced that his office has filed a complaint in the Circuit Court for Montgomery County against Neiswanger Management Services, LLC (“NMS”), the operator of five Maryland nursing homes, for unsafely and unlawfully evicting frail [...]

$145M To Be Paid By Huge Nursing Home Corporation To Settle False Claims Allegations

November 4, 2016

The U.S. Department of Justice announced on October 24, 2016 that a Tennessee-based corporation that owns and operates more than 220 nursing homes (skilled nursing facilities) throughout the United States, and it owner, have agreed to pay $145 million to settle the government’s claims that the[...]

New Federal Rule Prohibits Pre-Dispute Nursing Home Arbitration Agreements

September 29, 2016

The U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) issued its final rule on September 19, 2016 that prohibits nursing homes in the United States that participate in the Medicare and Medicaid programs from entering into binding pre-dispute arbitration[...]

Minnesota Nursing Home Medication Error Leads To Resident’s Death

April 14, 2016

A resident of a Minnesota nursing home was given ten-times the ordered dose of morphine by a nursing home employee, leading to the resident’s death within one hour and forty five minutes after receiving the deadly dose. The nurse who had administered the wrong dose of morphine allegedly had qu[...]

Kansas Nursing Home Sued For Resident’s Choking Death

March 18, 2016

During late February 2016, the family of a Kansas nursing home resident who choked to death after being allowed to snack on a peanut butter and jelly sandwich, despite being on a restricted diet (pureed foods and thickened liquids only), filed a federal lawsuit against the nursing home and others, f[...]

South Carolina Appeals Court Affirms Refusal To Compel Arbitration In Nursing Home Case

March 13, 2016

In its opinion filed on March 2, 2016, the South Carolina Court of Appeals (“Appellate Court”) affirmed the lower court’s denial of the defendant nursing home’s motion to compel arbitration regarding the plaintiff’s wrongful death and survival action arising out the n[...]

New Jersey VA Nursing Home Choking Death Case Settled For $1.4M

June 11, 2015

An 85-year-old World War II Navy veteran who was a resident of a nursing home operated by the New Jersey Department of Military and Veterans Affairs choked to death on June 10, 2012 after he was brought breakfast and left alone to eat, which was contrary to his care plan that required that he recei[...]

Florida Nursing Home Arbitration Proceeding Ends In Arbitrators Being Sued

April 28, 2015

Arbitrators who decided a nursing home negligence case in Florida allegedly received “secret documents” from the lawyer for the nursing home during the discovery process in the arbitration proceeding. The plaintiff in the arbitration proceeding is seeking her arbitration costs from [...]

$1.2M Oklahoma Nursing Home Verdict For Abuse Of Resident Caught On Video

February 23, 2015

On February 13, 2015, a federal jury in Oklahoma found in favor of the plaintiff in a nursing home abuse case and awarded $1.2 million in compensatory damages for emotional distress and an additional $10,000 in punitive damages. The case involved the abuse of a 96-year-old nursing home resident who[...]

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