One of the oldest maxims in American civil litigation — a concept usually introduced on literally the first day of an aspiring law student’s first year tort class — is that a defendant takes a plaintiff as he or she finds them. This has otherwise come to be known as the “eggshell plaintiff rule,” where…
As discussed, it’s no secret that nursing homes and patient advocates alike are extremely nervous about the ramifications that may unfold due to Governor Quinn’s proposed Medicare cuts. That’s why a recent article is particularly interesting, as it details a Champaign nursing home’s potential solution to raise revenue by instituting dialysis services within its facilities.…
We’ve discussed, on a few occasions, the ongoing saga of the Joliet nursing home that is in the process of losing its license to operate as a long-term care facility after numerous investigations by the Department of Public Health of allegations of patient abuse. With this in mind, revoking a license sounds like (and is)…
It has long been one of the touchstones of business and commercial litigation that corporate actors (such as, for instance, CEO’s, Presidents, Managers, and the like) are absolutely prohibited from what is known as “self-dealing.” Self-dealing is a concept that takes on something of a life of its own on a case-by-case basis. For purposes…
One of the most common themes in nursing home abuse and neglect cases, as we’ve discussed, is the tragedies that unfold — most of which are preventable — when nursing homes are understaffed and the staff is undertrained or provided with inadequate resources. Most (if not all) of the time, these decisions as to how…
As an interesting article explains, many patients’ rights advocate groups are up in arms after the General Assembly passed a measure to clarify a section of the landmark 2010 Nursing Home Care Act that now will require 10% of care in nursing homes to be provided by registered nurses (RN’s). The debate that led to…
A recent article explained that the federal government is stepping up efforts to regulate the administration of antipsychotic drugs in nursing homes across America. In conjunction, the Center for Medicare and Medicaid Services (CMS) has also announced a goal of reducing the overall use of antipsychotic drugs in nursing homes by 15% by the end…
Another unique factor involved in workers compensation cases that differs significantly from your typical personal injury lawsuit is that workers comp claims are occasionally “accepted,” which is essentially where the employer’s insurance company admits that there has been a valid work injury and agrees to pay benefits — something to the effect of a first…
As we recently discussed, studies on the rates of repeat offenders in drunk driving incidents are leading many states to consider mandating interlock devices that, in theory, prevent drunk drivers from being able to operate their vehicles. Behind these reports, however, is the unfortunate admission that those inclined to make destructive decisions will do so…
Preventing dangerous and potentially fatal injuries that result from falls in nursing homes, quite simply, should be at the top of every nursing home’s priority list. Unfortunately, nursing home residents are, in general, at a high risk for falls, be it from physical injuries, illness, or otherwise, and the consequences of what might seem like…