Edith Sepulvado was admitted to the Toledo Nursing Center, Inc. on May 1, 2001. She was 81 at the time, suffering from advanced Alzheimer’s. She was at high risk for falls and a variety of restraints were used including mats around her bed. In mid-January, she fell, suffering a head bruise and a skin tear. […]
Blog
Plaintiffs filed suit against physicians, nursing home and parish coroner. The coroner filed a peremptory exception contending there was no cause of action, contending he had no duty to assist the family in preserving evidence of alleged negligence. Plaintiffs insist that the coroner was legally obligated to perform an autopsy under La. R.S. § 33:1563(B)(1) […]
The court affirmed dismissal due to prescription. Resident went from hospital to nursing home where she treated for decubitus ulcers developed at the hospital. After admission to the nursing home, she developed additional decubitus ulcers, gastrointestinal bleeding, pneumonia and infection in her right foot. She died on October 1, 2003. After initially proceeding against other […]
This is not a long-term care case. Sanctions were awarded against the Plaintiff’s attorney for improperly asserting a direct liability claim against the President of a corporation. Barnhill, acting as counsel for a builder, filed suit against a roofing products manufacturer, alleging defective roofing shingles were installed in a home. The builder sought to compel […]
This is not a long-term care case. In Forsythe v. Clark USA, Inc., 864 N.E.2d 227 (Ill. Sup Ct. February 16, 2007), the Illinois Supreme Court affirmed the court of appeals, finding that a parent corporation may be directly liable where it exerts eccentric budgetary control over its subsidiary. In Forsythe, the court said the parent […]
Burnice L. Barnum sued Coastal Health Services as administrator of the estate of her uncle Jimmy L. Barnum. Barnum was a resident at Coastal from June 2, 1997 until his death on September 22, 2001. Barnum suffered from numerous medical conditions, including diabetes mellitus, peripheral vascular disease, dementia, incontinence, and stroke-related problems such as difficulty […]
Plaintiff appealed dismissal of their claims against a nursing home and four employees based on failure to comply with O.C.G.A. § 9-11-9.1, which requires the filing of an expert’s affidavit with complaints alleging malpractice. Defendant’s motion was not ruled on immediately and limited discovery was conducted. Seven months later, the motion was renewed. Two of […]
Darlene Payson was a resident at Avanta Villa at Jacksonville, a nursing home. After her death, her estate filed an action under Florida’s resident rights statute. The estate alleged a failure to take adequate precautions or provide adequate supervision and, as a result, Payson suffered numerous falls, one of which resulted in a right pneumothorax, […]
McGillen filed suit against Extendicare, its subsidiaries, three other defendant corporations, and five individual defendants, alleging that they all operated the defendant nursing home. Extendicare, a Canadian corporation filed a motion to quash service of process and to dismiss. The trial court denied its motion and Extendicate appealed. On appeal the court noted that Extendicare […]
Nursing home moved to compel arbitration, which was denied because it designated the American Health Lawyer’s Association as the arbitrator (which no longer accepts arbitration of health care disputes where binding arbitration agreements are signed pre-injury). The court found it could not re-write the agreement for the nursing home. “Given the nature of the relationship […]
