Summary judgment reversed. The dispositive issue was whether plaintiff’s claims were for ordinary negligence or medical malpractice, which was reviewed de novo. Two questions bear on that issue: (1) whether the claim pertains to an action occurring within the course of a professional relationship (undisputed in this case); and (2) whether the claim raises questions of medical judgment beyond the realm of common knowledge and experience. Another way to phrase the second question is whether it raises questions involving medical judgment. The question in this case, whether two nursing assistants failed to maintain a secure grip on the plaintiff while moving her, did not require expert testimony.
After Medicaid eligibility is established, 42 C.F.R. § 435.725 addresses how income is treated. For…
In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara…
From time to time federal regulations covering nursing home quality of care are updated. Thus…
Nursing homes that accept Medicare or Medicaid are required to comply with quality of care…
On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers…
Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to…