Negligence

Facility negligence claims based on federal law dismissed

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A federal judge has told the plaintiff suing a Kentucky nursing home that he could not proceed with his negligence per se claims based on violations of standards set by federal law or state licensing regulations.

Also in the News for Wednesday, February 18

Oklahoma jury recommends $1.2M in damages to family of nursing home resident ... NY nursing home lawsuit settled for $750,000 ... Nurses can increase physical activity in older adults

Nursing homes can't carve out billing, collections in arbitration agreements, AR Supreme Court rules

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A nursing home arbitration agreement largely reserved the provider's rights to sue residents while limiting residents' legal options, causing it to fail a "mutual obligation" requirement, the Arkansas Supreme Court recently ruled .

Jury hands down $3.3 million verdict against CO nursing home in negligence case

Jury hands down $3.3 million verdict against CO nursing home in negligence case

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An 82-year-old skilled nursing facility resident and his family have been awarded $3.3 million by a Colorado jury after finding the Pueblo-based Belmont Lodge Health Care Center guilty of negligence.

$90 million verdict against HCR ManorCare will stand, judge rules

$90 million verdict against HCR ManorCare will stand, judge rules

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HCR ManorCare was appropriately penalized $90 million in a case involving resident neglect and understaffing, a judge in West Virginia ruled last week. Lawyers for the nursing home company said they would appeal to the state's supreme court.

Nursing home must prove lack of negligence after documents go missing, appeals court rules

A federal appeals court has ruled that the jury in an improper medication suit against a nursing home was given proper instructions by a federal trial court. The decision put more responsibility on the accused facility, which could not supply medication reports from a 2007 incident.

HCR ManorCare disputes profit report, wants $91.5 million negligence award lowered or tossed

Errors made during a nursing home negligence trial have prompted an attorney for HCR ManorCare to ask a judge to grant a new trial, lower the initial award or toss the case entirely.

Nursing assistants get jail time for greasing residents in prank

Two nursing assistants have been sentenced to 20 days in a county jail and two years of probation for covering elderly residents in slippery ointment at their California facility.

HCR ManorCare will appeal $91.5 million negligence verdict

HCR ManorCare says it is appealing a $91.5 million judgment in a case involving a former 87-year-old resident. A West Virginia circuit court found one of its facilities negligent in the death of the woman, who had spent less than three weeks in the company's care.