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…
Ralph Ford, 73, lived at St. Francis Nursing Center. He suffered from cognitive impairment and had a tendency to wander. On one night, he left the nursing home unnoticed in his wheelchair. He was found early the next day in a Dumpster several blocks away; his limbs were frozen solid.…
A Mississippi Appellate Court has held that the two-year statute of limitations for the wrongful death of Sanders Hopkins Sr. was the basis for the dismissal from the lawsuit brought by Hopkins’ son. Hopkins Sr. lived in the Biloxi Community Living Center (CLC), an assisted living facility. He who used…
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…
The Iowa Supreme Court has held that the state owed no legal duty to a nursing home resident who was allegedly sexually assaulted by a convicted sex offender who had been transferred to the nursing home after leaving the state’s civil commitment unit for sex offenders. Mercedes Gottschalk was a…
Cecil Gary, a 60-year-old resident of the McCracken Nursing and Rehabilitation Center, had a history of stroke and was also an amputee. Although he had limitations in caring for himself, he was aware of his surroundings and generally enjoyed his life. As a resident of this nursing home, he experienced…
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,…
On March 1, 2013, Ann Sanders entered into a residence agreement with the defendant, Victory Centre of Melrose Park, SLF Inc., a licensed supportive living facility. Pursuant to an addendum to the residence agreement, the parties agreed that all claims arising out of that agreement, including those of malpractice, could…
Livija Cruse, an 80-year-old woman who suffered from mild dementia, was admitted to Chicago’s GlenCrest Healthcare and Rehab Center after falling at her home. She was also immobile. Over an 8-week period, she developed a bed sore on her buttocks. Because of the bed sore, she underwent two debridements and…