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Articles Posted in Nursing Home Negligence

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Court Holds That Peer Review Privilege Statutes Are Not Preempted by Federal Law

An appellate court in Ohio has ruled that a family’s motion to compel was wrongly granted because there had not been an in camera inspection of the requested documents under that state’s peer review laws. In this case, the nursing home decedent was living at Manor Care of Mayfield Heights.…

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Florida State Senate Has Passed the Bill That Would Limit Jury Verdicts in Nursing Home Abuse Cases

In a measure passed by the Florida State Senate, lawsuits that allege nursing home abuse could be subject to smaller awards.  The bill would shield many private equity firms that own nursing homes around the state of Florida.  The bill is directed to shield from financial exposure in lawsuits for…

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Crucial Internal Documentation in Litigating Nursing Home Cases

The internal documentation that is recorded and housed by the owners and/or management companies responsible for operation of a nursing home is vitally important in litigating against a nursing home. This internal documentation may be the framework of a successful prosecution of the case.  Nursing home documentation varies from nursing home…

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Jury Verdict for $132,000 for Noncompliance with Physician’s Feeding Orders in Nursing Rehab Center

Jesse Harvey Sr. reached the age of 99. While hospitalized he underwent a pharyngogram. This is essentially a radiographic procedure of the pharynx.  Mr. Harvey was a resident of Arcadian Rehabilitation & Nursing Center. The pharyngogram test showed that he had an inability to swallow. His doctor ordered a nasogastric tube and directed the…

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