Plaintiff filed a negligence and wrongful death suit against the nursing home. Kindred filed a motion to dismiss or, in the alternative, stay litigation pending arbitration. The trial court denied the motion, finding that the resident’s daughter had no express or implied authority to bind the resident when the arbitration agreement was signed at admission. […]
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Maria Rubio was a nursing home resident suffering from Alzheimer’s disease. While in the nursing home she was sexually assaulted by another resident. The suit followed alleging a failure to protect. Plaintiff alleged that the sexual assault was not a professional negligence claim that was time-barred since it was not filed within two years of […]
The Court affirmed a $24,300 civil penalty after a U.S. Departmental Appeals Board found that a nursing home violated regulations creating immediate jeopardy to residents’ safety. In this case, the nursing home was found to be non-compliant with minimum standards of care based on unsanitary conditions in a manner that created immediate jeopardy. “Federal regulations […]
Plaintiff appealed from trial court’s grant of summary judgment to Manor Care, its dismissal of claims against an individual, and its award of attorney’s fees to the defendants. Plaintiff originally sued the parent corporation. The case was removed to federal court where, after discovery, Plaintiff amended the complaint to sue the subsidiaries. The court granted […]
Plaintiff requested medical records, and the hospital charged $2 per page. Plaintiff objected, citing California Evidence Code § 1158, which provides that a medical provider can charge no more than ten cents per page. Plaintiff then filed a class action alleging that the hospital systematically violated the limitation of charges. The hospital argued that section […]
When contrasted with Hines and Smith, a different result was reached where the legislature had re-written the property code. In 1993, Jack Willingham transferred certain real property to his son, reserving a life estate. In 1997, he applied for medical assistance from the state, which he received until his death in 2002. There, a 1995 […]
The court of appeals affirmed the dismissal of the claim against the state for failing to assure compliance with the state nursing home regulations. “Even if the State could be said to have waived sovereign immunity so as to be potentially susceptible to the estate’s lawsuit here, we hold that: (1) chapter 18.51 RCW, the […]
