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…
A federal jury in North Carolina entered its verdict in favor of the families of three nursing home residents who died at Blue Ridge Health Care Center. The lawsuit filed for the wrongful deaths claimed these deaths were caused by the callous neglect of these and other nursing residents. The…
Julio Reyes Concepcion, a 73-year-old nursing home resident of the Royal Suites Health Care & Rehabilitation facility, had a number of different medical and health problems after he suffered a stroke. He required tube feeding at the nursing home. After a feeding, a nursing staff worker noted that he had…
A state appellate court had held that a nursing home’s alleged failure to prevent a nursing home resident’s injuries by raising bedrails was a triable issue of fact. The case centered on whether this choice — made by the nursing home — was a departure from the standard of care.…
Doris Green was 79 years old when she was discharged to HealthSouth Rehabilitation Hospital of Gadsden for a two-week stay following her hospitalization for gastroenteritis. About a week after her admission, a nurse discovered that she was in an unresponsive mental state; the physician ordered that she be transferred to…
The Illinois Department of Healthcare and Family Services has adopted an amendment to the Medical Assistance Programs reducing personal need allowances for residents of assisted living facilities. The amendment to 89 Ill. Adm. Code 120 (eff. Aug. 2, 2016), Section 120.61 is entitled “Long Term Care,” which has application to…
Maria O’Brien was 84 years old and lived at Good Shepherd Health Center. Over a two-and-a-half-year period, she fell eight times at this nursing home facility. On the day of her last fall, she was left unattended in front of her bathroom sink despite a care plan calling for constant…