The following language was used in a contract dispute where a Motion for Summary Judgment was filed in Superior Court: “The standard on motion for summary judgment is whether any genuine issue of material fact exists and, if not, whether the moving party is entitled to judgment as a matter of law. See O.C.G.A. § […]
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The following links can be used to research health care providers and, if necessary, to file a complaint with State licensing boards and boards of certification: Complaint and Discipline Process for Nurses (Powerpoint by Georgia Board of Nursing) Contact Information For Filing a Complaint with the State Survey Agency (CMS.gov) Do your research about your doctor or […]
On June 18, 2021, the National Ombudsman Resource Center will hold a webinar from 3:00 to 4:30 ET regarding resuming in-person visits during Covid 19. It will feature tips for identifying trauma, potential abuse and supporting residents. Dr. Laura Mosqueda, a national and international expert on elder abuse and neglect, will provide tips for Ombudsman […]
Nursing home negligence is a violation of a standard of care, a violation of federal or state laws/regulations, or a violation of a resident’s rights. Nursing home residents deserve better. They have a right to appropriate care that meets professional and legal standards. In this short video, Lance Lourie explains why nursing home litigation is […]
Statutory, Regulatory and Administrative References 42 U.S.C. § 1395i-3. Medicare: Requirements for, and assuring quality of care in, skilled nursing facilities 42 U.S.C. § 1396r. Medicaid: Requirements for nursing facilities. 42 C.F.R. § 483.1 to 483.95. Requirements for Long Term Care Facilities. Proposed Rules, 71 F.R. 62957 (10/27/2006), Medicare and Medicaid Program; Fire Safety Requirements […]
Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005). Maria Rubio was a nursing home resident suffering from Alzheimer’s disease. While in the nursing home she was sexually assaulted by another resident. Suit followed alleging a failure to protect. Plaintiff alleged that the sexual assault was not a professional negligence claim that was […]
United States ex rel. Szymczak v. Covenant Healthcare Sys., 2006 U.S. App. LEXIS 32112 (7th Cir. 2006). James Szymczak brought a qui tam action against a hospital and nursing home alleging that fraudulent Medicare claims were filed and payment was received for unnecessary, unrendered, misrepresented, and unreimbursable services in violation of the False claims act […]
Ostrom v. Manorcare Health Servs., 2007 U.S. Dist. LEXIS 4106 (D. Mich. 2007). Plaintiff, an Alzheimer’s patient, exited the nursing home on March 22, 2004 through an unlocked door. He was chased by staff as he went into a courtyard. In the courtyard, he tripped over a light post and suffered injury. He was found […]
Rucker v. Indianola Health & Rehab. Ctr. 2006 U.S. Dist. LEXIS 71192 (D. Miss. 2006). Plaintiff filed wrongful death action against a nursing home alleging personal service on February 18, 2005. Default was entered on March 24, 2005. The case was removed to federal court on April 4, 2005. On April 13, 2005, default judgment […]
Russell v. Nat’l Heritage Realty, Inc., 2007 U.S. Dist. LEXIS 640 (D. Miss. 2007). Plaintiff filed suit against Indianola Health & Rehabilitation Center. The Defendant is a mere trade name and the nursing home was operated by National Heritage Realty, Inc. Defendant moved to dismiss the claim, and plaintiff failed to file a response. The […]
