Order compelling arbitration was affirmed. Four days after admitting her mother to a nursing home, Ms. Coker, the resident’s daughter, signed documents which included an arbitration and limitation of liability agreement. The agreement was clearly worded, conspicuous and separate from other documents. “The Agreement was intended to be signed by “Resident, Guardian or Other Legal […]
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The nursing home filed a Chapter 11 bankruptcy petition in January 2000. Plaintiff resided in the nursing home from November 1999 through February 2000. In November 2001, Plaintiff filed suit, followed by an individual defendant’s motion to dismiss. In June 2003, the trial court granted the motion to dismiss, but gave Plaintiff 30 days to […]
Trial court sustained defendants’ exception of prematurity. The trial court was reversed in part because violations of the nursing home resident rights bill prior to August 15, 2003 were not subject to the medical review panel process. Further, claims that the resident was not cleaned and was left in her own feces were not subject […]
Plaintiff appealed after trial court sustained patient liability fund’s exception of no cause of action on Nursing Home Bill of Rights claim and appealed trial court’s awards for damages. Plaintiff had settled with the nursing home and proceeded to trial against the fund. On appeal, the court found no error in sustaining the exception since […]
Plaintiff, the estate of a 92 year old resident sued for neglect. The resident was wheelchair bound and had Parkinson’s, Alzheimer’s and osteoporosis. When she began showing signs of abnormality, she was examined and X-rays revealed a non-displaced spiral fracture of the distal tibia in her right leg. She was hospitalized and died a month […]
Jury found that nursing home and hospital were equally at fault. On JNOV, the trial court awarded damages for survival, medical expenses, funeral expenses and attorney’s fees. Court of appeals rejected nursing home’s argument that the trial court erred by redacting conclusions in the medical review panel report to the effect that the nursing home […]
The trial court sustained defendants’ exception of prematurity. The medical review panels’ term was about to expire without having reached a decision so an agreed motion was entered extending the panel. The order was, apparently, not signed until after the panel term expired. Plaintiffs filed suit and Defendants filed their exception. The trial court sustained […]
Defendants appealed judgment against nursing home and the patient’s compensation fund because judgment was improperly modified, because it did not limit medical malpractice liability of a qualified health care provider to $100,000 and because it did not provide that fund was not liable for violations of nursing home resident rights bill. Court of appeals found […]
Summary judgment for Defendants was affirmed where the attorney’s certificate that the case was reviewed by an expert prior to filing was not attached to the complaint in compliance with Miss. Code. Ann. § 11-1-58. The court rejected Plaintiff’s substantial compliance argument. The court also rejected Plaintiff’s argument that Defendant waived this defense by failing […]
Summary judgment was affirmed in part and reversed in part. The statute of limitations for underlying acts of negligence applies in a wrongful death suit; thus, Plaintiff claims for negligent acts occurring more than three years prior to the time the lawsuit was filed were barred. The court reversed that part of the summary judgment […]
