patient dumping Archives - Medical Malpractice Lawyers

Federal Appellate Court Holds Nursing Home Residents Alleging “Dumping” Have A Statutory Right Enforceable Under § 1983

August 2, 2019

The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) stated in its opinion filed on July 18, 2019, “The Medicaid Act requires that states participating in Medicaid “provide for a fair mechanism . . . for hearing appeals on transfers and discharges [...]

Maryland Attorney General Announces Settlement Of Nursing Home Resident Dumping Lawsuit

November 5, 2018

The Maryland Attorney General announced on October 26, 2018 the settlement of a Maryland lawsuit filed against the former operator of five Maryland nursing homes and its owner in which the defendants agreed to be permanently precluded from engaging directly or indirectly in the management or operati[...]

California Nursing Home Accused Of Dumping Resident On Skid Row

April 21, 2018

A former resident of a California nursing home has accused the nursing home of dumping him at a homeless shelter on skid row, despite the fact that the resident had insurance that was paying for his nursing home care. The former California nursing home resident claims that he does not know why the f[...]

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 [...]

Patient Dumping Settlements In 2011

March 10, 2012

The Office of Inspector General of the U.S. Department of Health & Human Services (“OIG”) has reported the following settlements involving patient dumping cases in 2011 that resulted in the payment of a civil monetary penalty (the settling parties denied the patient dumping allega[...]

Federal Patient Dumping Law Expanded To Extend Its Physical Coverage Reach

March 9, 2012

In yesterday’s blog, we discussed the Emergency Medical Treatment and Active Labor Act (“EMTALA”) enacted in 1986 by the U.S. Congress that was intended to prevent hospitals from “dumping” patients in need of emergency care (“patient dumping” is defined as[...]

Patient Dumping (The EMTALA Anti-Patient Dumping Statute)

March 8, 2012

The Emergency Medical Treatment and Active Labor Act (“EMTALA”) was enacted by the U.S. Congress to prevent hospitals from “dumping” patients in need of emergency care. The EMTALA was passed in 1986 in response to reports that hospitals were engaging in “patient du[...]

Kentucky Medical Malpractice Jury Awards Man’s Estate $1.45 Million, After 13 Years

March 7, 2012

Back in 1999, a paraplegic man went to a local Kentucky hospital’s emergency room, complaining of abdominal pain along with vomiting and constipation that were treated with an enema and pain medication before the man was discharged from the emergency room. That night, the man was vomiting b[...]

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