In many of our depostions, defense counsel asks questions that border on the ridiculous and sometimes cross the line to inappropriate or harassing questions. I ran across this artice that talks about a Plaintiff’s attorney who did something about it. A plaintiffs attorney sued his adversary for asking “inhumane” questions during a deposition that allegedly
The NY Times has an interesting article about how health care providers misuse HIPAA to conceal medical mistakes or neglect from family members. An emergency room nurse told Gerard Nussbaum he could not stay with his father-in-law while the elderly man was being treated after a stroke. Another nurse threatened Mr. Nussbaum with arrest for
David McGuffey is a great nursing home and elder law attorney from Tn. He is kind enough to share with other nursing home attorney his summary of important cases and legal theories. Recently he wrote an article about direct liability of parent corporations in the nursing home industry. Below are excerpts: In Forsythe v. Clark
It should be noted that there are certain violations discovered during the survey process that will have an affect on the well-being of a resident. For instance, not having sufficient staff to meet the residents needs, failure to notify the physician of a change of the resident’s condition, dehydration, malnutrition. Moreover, prior conduct in general
Discoverability of Personnel Files In D’Angelo v. U.S., a medical malpractice and negligent hiring action against Veterans Administration Hospital, the court allowed the plaintiff to discover specific information contained in three doctors’ personnel files, specifically, “any and all records of patient complaints, disciplinary action, staff review of performance, malpractice actions (actual or threatened), job applications,
Incident/Accident Reports Incident reports are generated in the regular course of business of the nursing home any time there is an unusual occurrence related to a resident. These are required to be created both by DHEC and by OBRA, and any incident report should list any and all witnesses to an incident or occurrence, as
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