Ms. Doe was in her 60s when she was admitted to the Roe Skilled Nursing Facility after undergoing hip replacement surgery. She asked for assistance with transferring herself from her bed or chair to the bathroom. A certified nursing assistant who had never worked with her before answered her call.…
Barbara Carroll, 75, was admitted to a skilled nursing facility for rehabilitation after a surgery. Within a week, she developed a significant pressure sore on her coccyx, which progressed to Stage IV despite her use of an air mattress. She died of sepsis a month after her admission to the…
The Supreme Court of Rhode Island has held that the release of a master or principal or employer from liability also releases a servant or employee from potential legal liability. In this case, Michelle Hall sued Tavares Pediatric Center Inc., an assisted living facility, alleging liability for injuries her daughter…
The Texas Supreme Court has held that a plaintiff satisfied the requirements of the state’s Medical Liability Act. The plaintiff offered multiple expert reports in a case alleging that an assisted living facility and other medical providers chose not to timely discover a resident’s missing dental bridge. Betty Hathcock lived…
Potential clients often report attacks on nursing home residents by roommates or other residents at Illinois nursing homes. Nursing homes typically are home to the elderly, the infirm, the mentally challenged and many who are suffering dementia or other lapses in mental capacity. In many cases, resident-on-resident violence occurs in…
A Kentucky appellate court has held that a nursing home arbitration agreement without specific language allowing an attorney-in-fact to waive a resident’s right to a jury trial was enforceable because of a recent U.S. Supreme Court decision. In reversing the trial court’s denial of the defendant’s motion to compel arbitration,…
Jovan Hinich was 28 years old and suffered from a neurological disorder that limited his mental capacity to that of a toddler. He lived at Next Step in Community Living facility, where his care plan required him to be supervised while eating and for his food to be cut into…
A Louisiana State Appellate Court has held that the automobile policy exclusion in a long-term care and general liability insurance policy applied to claims barred on behalf of a patient who fell from a van’s wheelchair lift. In this case, Shirley Ann Marzell, who was a patient at the Charlyn…
The Arizona Supreme Court has reversed a summary judgment dismissing a nursing home abuse case. Marika Delgado was the personal representative of the estate of her sister, Sandra Shaw. Delgado appealed the trial court’s entry of summary judgment in favor of the defendants who were collectively Manor Care of Tucson. …
Meadowbrook Manor Nursing Home invoked the Quality Assurance Act in a case i which Jannie Lindsey, as plenary guardian for 88-year-old Laura Lindsey, alleged that Lindsey was injured by a fall while she was a resident at Meadowbrook’s Naperville Nursing Home. The Illinois Appellate Court was presented with a case…