There has been a recent uptick in claims and lawsuits brought by nursing home and long-term residents, families and loved ones against nursing homes and their ownership for injuries to residents because of the way they are assisted or not assisted depending on a resident’s dietary needs. For example, many…
The aftermath of Hurricane Irma was responsible for knocking out the air-conditioning at a Florida nursing home. As of Sept. 13, 2017, eight patients at that facility had died related to the heat and humidity when temperatures were extremely high. In fact, the state said four of the deceased nursing…
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…
In this case, the Kentucky Supreme Court’s clear-statement rule was held to violate the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment. The Federal Arbitration Act (the Act) makes arbitration agreements “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for…
In an Illinois Senate bill sponsored by Sen. Tom Cullerton, D-Villa Park, the law would create a “resident’s representative” for Illinois nursing home residents. The law would amend the Nursing Home Care Act, changing Section 1-123 (210 ILCS 45/1). This law — should it be enacted — would allow a…
The family of Lola Norton, deceased brought a wrongful death action against a number of defendants who were affiliated with a nursing home in which Bernard Norton’s wife, Lola died. Bernard and family claimed that negligent treatment caused Lola’s death. The the nursing home defendants filed a motion to dismiss…
Arbitration clauses commanding arbitration in nursing home abuse and neglect cases have been the bane of many lawyers seeking to protect nursing home residents from abuse and injury. Under the Illinois Nursing Home Care Act, arbitration clauses were considered to undermine the purpose of the act by making it mandatory…