An Arizona nursing home was found with more than two dozen violations and has agreed to pay the State $17,500 in civil penalties as a result notes the Arizona Daily Star. According to the article, among the violations noted, including a failure to protect its elderly residents from sexual abuse, state inspectors found that the…
As one recent article points out, the holiday season is the time of year nursing home residents receive the most visits and loved ones should take careful note of any signs of abuse or neglect–especially bed sores. Bed sores are preventable, are not normal, and command immediate attention. If your loved one seems “distant” or has any bruising,…
At trial time, Defendants may make a motion before the Court to exclude gruesome photographs of injuries. However, simply because the photograph(s) may be gruesome and possibly cause prejudice in the minds of the jury is no reason to exclude the photograph(s). See e.g. Burnett v. Caho, 7 Ill.App.3d 266, 272 (3rd Dist. 1972). Admissibility is…
It is critical that a nursing home and its staff take careful note of patients with conditions that could lead to elopement / wandering resulting in injury or even death. Dementia and Alzheimer’s are two critical conditions that staff must treat carefully. Recently, a man who suffered from dementia wandered from a nursing home and was…
As noted in a recent N.Y. Times Article, the Department of Health and Human Services (“HHS”) noted that over 90% of U.S. nursing homes were cited for federal health and safety standards violations last year–and notably, for-profit homes had more problems. The report by HHS noted issues with pressure sores (also known as bed sores or decubitus ulcers), medication…
In a well-written article by the New Jersey Lawyer, the old saying rings true: If you want to win over the jury, keep it simple. Jurors don’t want to hear long dissertations on the law with “high-brow” words and fancy legal terms; jurors want to hear plain, everyday language–and in short statements or arguments. One attorney…
Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say “absolutely not.” In fact, I tell them that the Judge–prior to the trial…
The Centers for Medicare and Medicaid Services (“CMS”) provides extremely useful information about Medicare and Medicaid nursing home providers with links to applicable laws, regulations and compliance information. You can view the main site here: www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp. Most importantly, however, CMS provides a list of what is known as “special focus facilities” or a list of nursing…
In its third year, “Advancing Excellence in America’s Nursing Homes” is a coalition-based campaign to improve the quality of life for residents and staff in nursing homes. Goal #1 is to reduce pressure ulcers. See if your local nursing home is a participant in the campaign here: http://www.nhqualitycampaign.org/star_index.aspx?controls=welcome.
If someone or another business attempts to interfere with a relationship that you are entering into with another business or customer, or in fact diverts that relationship, you or your business may have a claim against that individual or business for intentional interference with a business expectancy–or interference with “prospective economic advantage.” In general, 4 elements…