The trial court granted summary judgment to the defendant, finding that the statute of limitations had run. The Court of appeals reversed the trial court’s ruling in January, 2006Â after finding that disability tolls the statute of limitations notwithstanding the existence of a durable power of attorney. On appeal, the defendants argued the that the agent, […]
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After a jury returned a verdict for the Estate, Defendants field a motion for new trial. The action was brought against the doctor, and the nursing home and several employees after resident suffered anoxic brain injury when she dislodged her tracheostomy tube. Prior to trial all parties except the doctor settled and the trial proceeded […]
Defendant Barnes, an agency nurse, was found guilty in a criminal case of knowingly, intentionally and recklessly causing injury to a nursing home resident by cutting her feeding tube. The remaining Defendants in a civil case filed a Motion for Issue Preclusion against Barnes, seeking a conclusive determination that Barnes intentionally and surreptitiously cut the […]
This case concerns a dispute under the Health Insurance Portability and Accountability Act (HIPAA). The issue was whether Plaintiff’s mental and physical condition were in issue by filing a malpractice suit and whether the trial court erred by allowing, but not requiring, ex parte oral communications with health care providers. On appeal the court held […]
After admission to the nursing home, resident met with the admissions director and signed a “resident admission agreement” and an “alternative dispute resolution agreement between resident and facility.” Later, resident suffered from recurring falls, was permitted to get sick and died as a result of treatment. Daughter filed a wrongful death action against nursing home. […]
In wrongful death case against nursing home, Defendants appealed trial court’s order granting motion to compel three incident reports prepared by staff, and denying Defendants’ motion for protective order based on peer review privilege. Incident reports were prepared by nursing home following unusual circumstances and documented facts surrounding them. Defendants provided affidavit of Administrator stating […]
After Plaintiffs filed a wrongful death suit, Defendants filed a motion to compel arbitration. Plaintiff argued the resident was incompetent and incapable of understanding the agreement and that the agent had no authority to enter into an arbitration agreement. The court found that resident’s health care agent had authority to bind the agent “in matters […]
Resident fell at an assisted living facility; the fall caused a wrist fracture and broken ribs. She was transferred to a nursing home where she needed assistance for almost all personal care needs including using the toilet. Shortly after admission to the nursing home she was left unattended on the toilet even though a nurses […]
Summary judgment reversed. The dispositive issue was whether plaintiff’s claims were for ordinary negligence or medical malpractice, which was reviewed de novo. Two questions bear on that issue: (1) whether the claim pertains to an action occurring within the course of a professional relationship (undisputed in this case); and (2) whether the claim raises questions […]
Resident’s son (Miller) brought suit against physician (Cotter) as well as nursing home and three employees after his father’s death. Miller had signed admission papers including an arbitration agreement. The arbitration agreement, within the admission agreement, was separated from other language, was not a condition of admission and fact that it was an arbitration agreement […]
