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NYC nursing home to pay $19M for patient neglect 

Published: December 29, 2009
Tags: elder abuse, nursing home litigation, nursing homes

A Brooklyn, N.Y., nursing home will have to fork over nearly $19 million in damages to the family of a 76-year-old patient neglected so badly that he left with more than 20 bedsores. The massive award, handed down by a Brooklyn jury earlier this month, is the first in the state against a nursing home that includes punitive damages, lawyers said.

Power of attorney includes ability to agree to arbitration 

Published: November 18, 2009
Tags: arbitration, nursing homes, power of attorney, wrongful death

A person possessing a power of attorney may lawfully sign an arbitration agreement on behalf of an incapacitated patient, the Colorado Supreme Court has ruled.

Nursing home can’t arbitrate negligence claim 

Published: October 23, 2009
Tags: arbitration, nursing homes

A nursing home couldn’t demand arbitration of a negligence lawsuit based on language in an admissions form signed by the plaintiff on behalf of his mother, the Nebraska Supreme Court has ruled in reversing a dismissal.

N.M. court overturns $53M nursing home award 

Published: August 18, 2009
Tags: nursing homes

The New Mexico Court of Appeals has overturned a $53 million award to the family of an Albuquerque woman who died in a nursing home.

Nursing home can be sued under §1983 

Published: July 1, 2009
Tags: nursing homes, wrongful death, §1983

A county nursing home can be sued for violating an elderly resident’s civil rights by failing to ensure quality care in accordance with federal Medicaid standards, the 3rd Circuit has ruled in reversing a dismissal.

Nursing home arbitration agreement enforceable 

Published: May 29, 2009
Tags: arbitration, nursing homes

A mandatory arbitration agreement in a nursing home contract is enforceable, the Ohio Supreme Court has ruled.

Nursing home can enforce arbitration clause 

Published: May 18, 2009
Tags: arbitration, nursing homes

A nursing home could require a former resident to arbitrate her personal injury claims against the facility, the Illinois Appellate Court has ruled in reversing judgment.

Assisted living lawsuits mounting 

By Nora Lockwood Tooher - Published: April 1, 2009
Tags: assisted living, nursing homes

Assisted living lawsuits are increasing. And while defense lawyers say they have become the next target of the plaintiffs’ bar, attorneys filing civil suits on behalf of families say that lax regulations and poorly trained staff are to blame for neglect and abuse of frail elders.

Violent nursing home attacks on the rise 

By Nora Lockwood Tooher - Published: March 26, 2009
Tags: nursing homes

Criminal offenders and mentally ill residents are fueling an increase in patient-to-patient assaults at nursing homes, according to experts.

This growing violence is sparking a rise in civil lawsuits by families of patients who have been assaulted by other residents, according to several elder law specialists.

Bill would bar mandatory nursing home arbitration 

Published: March 16, 2009
Tags: arbitration, nursing homes

After a similar measure stalled in Congress last session, lawmakers have again introduced a bill that would prohibit mandatory arbitration clauses in nursing home care contracts.