Lawsuits

Nursing homes can't use arbitration to deflect lawsuits, court says

July 05, 2011

Nursing homes cannot use arbitration agreements to combat lawsuits related to residents' care, the West Virginia Supreme Court ruled on Friday. The court decided, in the unanimous decision, that "disputes should be decided by juries of lay citizens rather than paid, professional fact finders who may be more interested in their fees than the disputes at hand," according to published reports.
 

Threat of lawsuits does not incentivize improved care, study says

April 01, 2011

Nursing homes with high quality ratings are sued almost as often as lower performing nursing homes, according to a new study published by the New England Journal of Medicine.
 

Supreme Court lets nursing home ruling stand: Facilities fair game for civil rights suits

February 24, 2010

A federal appeals court decision in a case involving a skilled nursing facility—a decision once described as "shocking" by the American Health Care Association—has been allowed to stand by the U.S. Supreme Court.
 

Obama announces $25 million in malpractice reform grants

September 21, 2009

President Obama last Thursday authorized $25 million for pilot programs to investigate tort reform options.
 

Appeals court rules that nursing homes can be sued for private civil rights violations

July 07, 2009

A federal law related to the oversight and inspection of nursing homes creates a legal pathway for private civil rights lawsuits to be filed against nursing homes in cases of alleged wrongful death, a federal appeals court recently decided.