nursing home fall Archives - Medical Malpractice Lawyers

Washington Appellate Court Refuses To Enforce Nursing Home’s Arbitration Agreement

September 3, 2026

In January 2020, 90-year-old Beverly became a resident at the senior care facility Aegis Living. During the admissions process, Beverly’s son, Robert Parker, executed several documents on behalf of Beverly as her medical power of attorney. Robert had little experience with contracts and was rarely[...]

New Jersey Supreme Court Rules Nursing Home Incident Reports In Two Injury Cases Not Privileged

October 9, 2024

The New Jersey Supreme Court stated in its August 5, 2024 decision: In this consolidated appeal, the Court considers whether internal reports and documents created after alleged adverse events occurred at the defendant nursing and assisted living facilities are discoverable or are instead privileged[...]

Ohio Appellate Court Rules Nursing Home Resident’s Claim For Injuries Suffered From Fall From Toilet Was Medical Claim

March 2, 2024

“Medical Claim” R.C. 2305.113(E)(3) defines the term “medical claim” for statute of limitations purposes and provides, in relevant part:“Medical claim” means any claim that is asserted in any civil action against a physician, podiatrist, hospital, home, or residential facility, a[...]

Study Finds Nursing Home Falls And Pressure Ulcers Underreported

July 12, 2023

Nursing Home Falls And Pressure Ulcers Underreported: A study published on May 23, 2023 in JAMA Network entitled “Underreporting of Quality Measures and Associated Facility Characteristics and Racial Disparities in US Nursing Home Ratings” investigated what extent are nursing home charac[...]

Two Minnesota Seven-Figure Verdicts Against Troubled Nursing Home

December 21, 2022

Seven-Figure Verdicts Against Nursing Home: For the second time in 2022, the Estates at St. Louis Park (“Estates”) nursing home in Minneapolis-St. Paul, which has a one star rating under the five-star rating system used by CMS, was held liable by a jury in excess of $1 million for failin[...]

Iowa Appellate Court Affirms Expert Report Required In Nursing Home Resident’s Hip Fracture Wrongful Death Case

November 13, 2022

Expert Report Required In Hip Fracture Wrongful Death Case: The Court of Appeals of Iowa (“Iowa Appellate Court”) held in its opinion dated August 17, 2022 in a case involving a nursing home resident who suffered a hip fracture while being transferred into her wheelchair, “We do no[...]

$6M Staten Island Verdict Against Nursing Home For Fall From Wheelchair Leading To Hip Fracture

May 5, 2019

On April 17, 2019, after two hours of jury deliberations, a Staten Island, New York jury hearing a nursing home negligence lawsuit involving a resident’s hip fracture resulting from a fall from his wheelchair determined that the defendant nursing home was negligent and awarded $6 million in co[...]

California Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

April 28, 2019

In its unpublished opinion filed on April 12, 2019, the Court of Appeal of the State of California Fourth Appellate District Division Two (“California Appellate Court”) addressed the purported arbitration agreements presented to a California nursing home resident’s daughter at the [...]

North Carolina Nursing Home Wrongful Death Lawsuit Filed For Death Of 98-Year-Old WWII Veteran

July 12, 2018

The family of a 98-year-old World War II Army veteran, who died in the defendant nursing home on January 26, 2017 after screaming in pain for one week as a result of the serious injuries he suffered as a result of a fall at the nursing home, has filed a North Carolina nursing home wrongful […[...]

CDC Reports Rising Rate Of Falls Leading To Death In Older Adults In The United States

June 30, 2018

The CDC reported on May 11, 2018 that the rate of deaths from falls increased in the United States by 31% from 2007 to 2016 (an average of 3.0% per year), with the largest increase per year among persons aged ≥85 years. In 2016, a total of 29,668 U.S. residents aged ≥65 years (i.e., “older[...]

Virginia Nursing Home Sued For Wrongful Death After Resident Fell From Hoyer Lift

May 18, 2018

It has been reported that the estate of a Virginia nursing home resident has filed a Virginia nursing home wrongful death lawsuit against a local nursing home for the death of the resident eight days after the resident fell and was severely injured while a nursing home employee was using a Hoyer lif[...]

Maryland Appellate Court Discusses What Is A “Medical Injury” Requiring Compliance With Maryland Medical Malpractice Laws

January 29, 2018

In its opinion filed on January 19, 2018, the Court of Appeals of Maryland (“Court”), which is the highest appellate court in Maryland, stated that in order for the Maryland Health Care Malpractice Claims Act (“HCA”) to apply, a plaintiff must allege a breach of a professiona[...]

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