A divided Colorado Supreme Court held in its opinion filed on June 11, 2018 that despite the defendant nursing home’s failure to strictly comply with the Colorado statute requiring that notice regarding nursing home arbitration agreements be emphasized by at… Read More
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New Jersey Appellate Court Finds No Extraordinary Circumstances To Excuse Failure To File Affidavit Of Merit In Prison Medical Malpractice Case
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its opinion approved for publication on February 27, 2018 that the failure of the plaintiffs’ original New Jersey medical malpractice attorney to file the required Affidavit… Read More
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Tennessee Appellate Court Affirms Substantial Compliance With Medical Malpractice Pre-Suit Notice Requirements Applies To Governmental Entities
In its opinion filed on August 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that substantial compliance with the documentation requirement in Tennessee Code Annotated § 29-26-121(b) is sufficient even when the defendant is a governmental… Read More
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Tennessee Appellate Court Saves Medical Malpractice Case
On July 9, 2014, the Court of Appeals of Tennessee issued a written opinion in which it upheld the right of the medical malpractice plaintiff to dismiss without prejudice a defective malpractice case and then re-file the Tennessee medical malpractice… Read More
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Tennessee Appeals Court Finds Substantial Compliance By Medical Malpractice Plaintiff
In its written opinion filed on March 28, 2014, the Court of Appeals of Tennessee at Knoxville (“Appeals Court”) decided an appeal in which the issue was “whether the Plaintiff failed to strictly comply with the pre-suit notice requirement that… Read More
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Medicare And Skilled Nursing Facilities (“SNF” = Nursing Homes)
Some Basic Concepts In order to participate in Medicare, a skilled nursing facility (“SNF”) must comply with the participation requirements in the federal law known as 42 C.F.R. Sections 483.1-483.75 (C.F.R. stands for Code of Federal Regulations). Compliance with these requirements is… Read More
