Nursing Home Litigation

CMS Announces Nursing Home Minimum Staffing Rule

On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final rule requiring minimum staffing levels…

7 months ago

Washington Post Reports Assisted Living Facilities Using Algorithm to Set Staffing Levels

On April 1, 2024, the Washington Post published an article titled "Algorithms guide senior home staffing. Managers say care is…

7 months ago

Georgia Court of Appeals Revisits the Preponderance-of-the-Evidence Standard

In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict  in favor of the defendants relating…

1 year ago

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

1 year ago

CMS Oversight of Nursing Home Staffing Levels

Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500…

1 year ago

The Plaintiff’s Injury Case

There are many types of "Plaintiff's cases." This article focuses on injury cases. Injury cases can be as simple as…

2 years ago

Resident’s Right to Choose Activities and Interact with Others Inside and Outside the Nursing Home

Nursing home residents have the right to who they will spend time with and how they will spend it. Specifically,…

2 years ago

Resident’s Right to Refuse Unnecessary Intra-facility Transfers

Nursing home residents have a right to refuse unnecessary transfers within the facility. Specifically, 42 C.F.R. § 483.10(e)(7) and (8)…

2 years ago

Resident’s Right to Share a Room; Roommates

Nursing home residents have a right to share a room with whomever they wish as long as both residents agree.…

2 years ago

Resident’s Right to Reasonable Accomodation of Needs and Preferences

Nursing home residents have a right to reasonable accomodation of needs and preferences. 42 C.F.R. § 483.10(e)(3) provides that the resident…

2 years ago