Lawsuits

More frivolous lawsuits ahead? You can bank on it

More frivolous lawsuits ahead? You can bank on it

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Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.

Law would enforce nursing home malpractice caps

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In a case that could have broad implications for providers nationwide, West Virginia lawmakers on Wednesday inched closer to passing a law that could place caps on jury awards in nursing home malpractice suits.

Making the case: It's been a wild year

Making the case: It's been a wild year

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As the sands of the year race to their finish, there is one certainty about the long-term care news in 2014: It's been wild and trying.

Falls are top reason for lawsuits against skilled nursing facilities, report states

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Resident falls continue to present the greatest risk of lawsuits to skilled nursing facilities and other long-term care providers, according to a recently released report from insurance company CNA.

SNFs should expect more 'worthless services' whistleblower charges, expert says

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Skilled nursing facilities soon might be facing an onslaught of whistleblower lawsuits alleging "worthless services," a legal expert cautioned Tuesday.

Regular chats avoid lawsuits

Regular chats avoid lawsuits

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To prevent lawsuits, long-term care leaders need to routinely communicate with difficult family members, a defense attorney told a McKnight's Fall Online Expo webcast audience last month.

Conversations nursing home management should not have via emails

Conversations nursing home management should not have via emails

There have been countless nursing home managers, supervisors, and even HR executives, who have committed impolitic comments about employees in email messages. Those comments often become evidence in cases where employees sue employers for alleged forms of harassment and/or discrimination or some variant of wrongful discharge.

Legislation would protect nursing home investors

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A piece of legislation that would prevent passive investors at a nursing home from being sued has passed the Florida House. It awaits approval from Florida Gov. Rick Scott.

Terminations without litigation in the long-term care industry

Terminations without litigation in the long-term care industry

In today's litigious work environment, nursing home employers face increasingly large monetary exposure when contemplating or effectuating terminations of employees. In this three part series, we begin by looking at proper workplace investigations as a predicate to terminations.

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

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

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

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

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

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

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.