nursing home lawyers Archives - Page 4 of 8 - Medical Malpractice Lawyers

Indiana Appellate Court Holds Arbitration Agreement Trumps Indiana Medical Malpractice Act

October 8, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its opinion filed on September 2, 2020, held in an Indiana medical malpractice wrongful death case where the parties had agreed at the time the decedent was admitted to the defendant nursing home to arbitrate any legal claim[...]

Recent Study Concludes Private Equity-Owned Nursing Homes Put Profits Over People

May 13, 2020

A study entitled “Does Private Equity Investment in Healthcare Benefit Patients? Evidence from Nursing Homes” posted on March 9, 2020 concluded: “our evidence thus far shows that after PE [private equity] buyouts nursing homes experience operational efficiency improvements, with hi[...]

$5 Million New York City Nursing Home Neglect Verdict

January 3, 2020

On December 12, 2019, a New York City nursing home neglect jury returned its verdict in the amount of $5,032,281 ($2,980,281 awarded in compensatory damages and an additional $2,052,000 in statutory interest) against a New York City nursing home for its alleged neglect of an elderly resident that ul[...]

Nursing Home Insurer Admits Arbitration Agreements Financially Benefit Nursing Homes By Reducing Claims

December 4, 2019

HealthCap Risk Management & Insurance (“HealthCap”), which is “an insurer solely dedicated to senior care communities,” posted a video discussing arbitration agreements in nursing home admission documents, seemingly unaware that it was admitting that forced arbitration o[...]

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[...]

CMS Issues Final Rule Regarding Nursing Home Arbitration Agreements

July 19, 2019

On July 18, 2019, the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (“CMS”) published its final rule regarding arbitration agreements in nursing home admission documents. According to CMS, “This final rule amends the requirements that Lon[...]

CMS Revised Its Nursing Home Compare Rating System In April 2019 – 37% Of Nursing Homes Lost One Or More Stars

May 12, 2019

In April 2019, the Centers For Medicare & Medicaid Services (CMS) made several changes to the Nursing Home Compare website and the Five-Star Quality Rating System, which affected all domains of the rating system. CMS published the changes in its “Design for Nursing Home Compare Five-Star [...]

Ohio Nursing Home Resident Died After Accidentally Setting Himself On Fire While Smoking A Cigarette

May 1, 2019

On April 17, 2019, a 63-year-old Ohio nursing home resident accidentally set himself on fire while smoking a cigarette while sitting in his wheelchair in front of the nursing home. The man was using oxygen at the time of the incident. The police arrived on the scene after receiving a frantic 911 cal[...]

Man Convicted Of 2010 Rape At Maryland Nursing Home

March 21, 2019

After a four-day trial during March 2019, a criminal jury convicted a Maryland man of first-degree rape, armed robbery, and a weapons charge related to an incident that occurred at a Maryland nursung home on December 6, 2010. The man was identfied when his DNA in a databank was matched to evidence o[...]

Texas Is Worst U.S. State For Quality Of Nursing Home Care, Hawaii Is The Best

February 13, 2019

The CDC reports that there are about 15,600 nursing homes in the United States, with 1.7 million licensed beds that are occupied by 1.4 million patients. On average, 79% of the U.S. nursing home beds are occupied every day, and the average U.S. nursing home has 89 residents on a daily basis. On aver[...]

Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding In Favor Of Defendant Nursing Home

January 15, 2019

In its unpublished decision filed on January 7, 2019, the Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) reversed the Massachusetts medical malpractice tribunal’s adverse finding: “the finding of the tribunal is set aside, and a new tribunal fin[...]

U.S. Supreme Court Decides Threshold Arbitrability Question To Be Decided By The Arbitrator, Not The Court

January 9, 2019

The U.S. Supreme Court held in its opinion filed on January 8, 2019: “Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court will resolve disputes arising out of the contract. When a dispute arises, the parties sometimes may disagree not only [...]

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