Decision to uphold case against provider could resonate nationally

Share this article:

The right for the administrator or administratrix of an estate to bring suit against an LTC provider was upheld in a recent case before the U.S. Court of Appeals for the Western District of Kentucky.

On behalf of resident Cornelia Stearman, Debra Wilcoxson was allowed to file a suit against Golden Gate National Senior Care, LLC, and a number of its subsidiaries. GGNSC argued that only a guardian can bring suit.

Golden Gate does business as Golden Living. Stearman lived at the Golden Living Center-Green Hill in Greensburg, Ky., for approximately a month in early 2013.  

The court denied the defendant's motion that Wilcoxson did not have the standing to act on behalf of the resident. The claims Wilcoxson brought on behalf of the estate were negligence, negligence per se, medical negligence, corporate negligence, wrongful death, and violations of the resident's rights law.

The court also ruled against a motion that stated that GGNSC wasn't a party to the action, because it didn't directly provide the nursing home care.

A move to remove other GGNSC concerns from the suit was also dismissed.

"The Court finds no reason to dismiss any of the Defendant entities on the basis that such entity would have no liability to Plaintiff," the ruling states.  

Share this article:

More in News

Skilled nursing facilities with poor quality ratings do not readmit more patients to hospitals, researchers find

Skilled nursing facilities with poor quality ratings do ...

Low-quality and high-quality skilled nursing facilities readmit about the same proportion of residents to hospitals, suggest research findings recently published in the American Journal of Medical Quality.

Cipro and related antibiotics increase MRSA risk in long-term care facilities, study ...

Long-term care residents on a fluoroquinolone antibiotic such as Cipro are at an increased risk for methicillin-resistant Staphylococcus aureus, researchers in France have found.

Jonathan Blum, who oversaw long-term care reforms, resigns as head of Medicare

The nation's top Medicare official, Jonathan Blum, is leaving his post next month, news outlets reported Tuesday. Blum became a familiar figure to long-term care providers through Open Door Forum calls and other outreach efforts during his five-year tenure, as he guided implementation of Medicare ...