The delta variant and long-term care: Key liability and risk considerations
By
James “JJ” Maskowitz
Sep 08, 2021
Over the course of 2020, it became apparent that long-term care facilities needed to be thoroughly prepared for unexpected health or safety issues. Facilities around the nation learned that it is vital...
3 risks many long-term care providers don’t realize they’re exposed to
By
Jason Zuccari
Jul 02, 2021
COVID-19 has shown just how precarious the situation in some long-term care facilities can be. During the first few months of the pandemic, many LTC providers were stuck trying to interpret mercurial public...
The tragedy of COVID-19 spousal separations
By
David Barmak, J.D.
Nov 25, 2020
Marriage vows are hard to honor when you are prohibited from being with a spouse who is dying alone in a nursing home, a victim of COVID-19. Two family friends, married for well over 50 years, endured...
Preparing for litigation after COVID-19
By
Rebecca A. Brommel
Andrew Brantingham
Nov 09, 2020
Long-term care facilities have been in the fight of their lives – and for the lives of their residents – since March. In addition to the usual regulatory requirements, facilities must deal with COVID-19...
Sure you want to go there? Litigation more perilous in some areas than others
By
John O'Connor
Oct 17, 2016
We might soon start to see the emergence of a divestiture trend based less on undesirable holdings and more on undesirable locales. The obvious choices will be cities and states with a plaintiff-friendly...
5 tips for abuse and incident response in long-term care
By
Tim Mullaney
May 06, 2014
Allow me to share a little long-term care humor to brighten your day. Did you hear the one about the long-term care resident who kept unplugging her roommate’s ventilator?
Ask the legal expert … about email privacy
By
John Durso
Jul 01, 2013
Are emails between nursing staff and supervisors commenting on a resident’s status — such as cautions about keeping an eye on a resident who ultimately falls into a bad condition (pressure ulcer,...
Kentucky lawsuit clarity: Better than bourbon
By
Jacqueline Vance, RNC, CDONA/LTC
Apr 02, 2013
Kentucky may well be remembered for something better than its bourbon and horse races. In early February, the Kentucky Senate passed a bill where the claimants have to go before a review panel prior to...
Terminations without litigation in the nursing home industry: Part Three
By
Howard Kurman, Esq. & Julius Steiner, Esq.
Aug 23, 2012
Terminations today pose far more legal risk than they did even 20 years ago. Irrespective of the size of the employer, a disgruntled employee who has been involuntarily terminated is likely to challenge...
Terminations without litigation in the nursing home industry: Part Two
By
Howard Kurman and Julius Steiner
Aug 13, 2012
It is important for employers to create documents throughout the course of an employee’s employment that could ultimately provide support for termination decisions.