Plaintiffs sued nursing home and case was dismissed because their expert reports failed to comply with Tex. Rev. Civ. Stat. Art. 4590i, § 13.01. Defendants argued that one expert was not qualified and argued that the other was conclusory and did not sufficiently describe a causal link between the negligence and the injury. Plaintiffs argued […]
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Resident went to a nursing home after surgery due to a right hip fracture. After developing an upper respiratory infection and a urinary tract infection, he was re-hospitalized. He became unresponsive and was placed on hospice with family agreement. His condition worsened and he died. The family filed a wrongful death suit and Defendants moved […]
Plaintiff served a request to produce for the nursing home’s personnel files. The nursing home objected, contending they included confidential information and introduced the administrator’s affidavit to that effect, arguing that the trial court must conduct an in camera examination of the documents before they were produced. The trial court indicated it would inspect specific […]
Resident suffered from Alzheimers’s dementia. While he was in the nursing home, he developed a severe scrotal infection. He was taken to the hospital on September 8, 2003 where hospital personnel described his condition as the worst case of neglect they had ever seen. Resident died on November 4, 2003. Suit was filed on September […]
Resident died in April 2000. Suit was filed in February 2002. The action was removed to federal court but was later remanded. Kindred and a hospital defendant argued that the one-year statute of limitations had expired; Plaintiff countered that they were prevented from filing an action within one year because Kindred was in bankruptcy and […]
The trial court denied a motion to compel arbitration because the agent had no authority to execute the arbitration agreement. On appeal, the court found that the health care agent “had the authority to execute on King’s behalf any waiver, release, or other document which may be necessary to implement health care decisions that Daniel […]
Resident fell and suffered a head wound at nursing home. After getting treatment at hospital, resident returned to the nursing home the same day. Six days later she began vomiting, was taken back to the hospital where she died. In the original complaint, Plaintiff sued NHC, the hospital and doctors. Two years later, new counsel […]
The trial court granted Defendants’ motion for summary judgment due to the limitations period having expired. Plaintiff argued the limitations period was tolled by T.C.A. § 28-1-106. The trial court rejected that argument because the resident had granted a durable power of attorney to Plaintiff prior to becoming incompetent. On appeal, the court found that […]
When defendant answered the complaint it alleged the dispute was subject to arbitration and asked for a jury trial. After four months of discovery, Defendant moved to compel arbitration. The trial court denied the motion ruling that Defendant could not withdraw its jury demand without Plaintiffs’ consent. On appeal, the court found that Defendant could […]
Plaintiff appealed after the case was non-suited. “From November 6, 1998, to December 3, 1998, Appellant was hospitalized at GMC with spinal cord injuries …. On December 3, 1998, he was transferred to HealthSouth for rehabilitation therapy. At some point, Appellant developed pressure wounds on his buttocks and sacrum. Due to the development of an […]
