Discovery of Incident Reports

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

Liability of the Nursing home’s Governing Body

OBRA is the federal regulations that establish the standard of care in nursing home facilities that receive Medicare or Medicaid. In those regulations, the below section clearly establishes that the governing body is ultimately responsible for how the nursing home is operated and managed. 42 CFR 483.75 provides: (d) Governing body. (1) The facility must

Quality Assurance case

Boone Retirement Center, Inc. v. Hamilton, 946 SW 2d. 740( MO. 1997) as standing for the proposition that quality assurance records are not discoverable in a civil case such as the case at bar. The Defendant’s interpretation of Boone is incorrect. In Boone, the State of Missouri Division on Aging conducted inspections of Boone Retirement

Non-delegable duty

The NH’s responsibility to meet the individual needs of each resident is a non-delegable duty. NME Properties v. Rudich, 2003 WL 289415 (D.C. Fla., 2003) explains the analysis. There are several regulations which make this implicit. Under 20 CFR 483.13(c) the facility must not neglect or abuse a resident. The facility has to develop an

Changes in the industry

FREDERICK — For many people, the words “nursing home” bring to mind images of cold tile hallways, greenish room lighting, unattended seniors in distress and a sterile environment that speaks more of an outdated hospital than a home. Some parts of the industry may have earned that reputation, but Cheryl Wright, marketing director for Homewood

North Carolina verdict

A Davidson County jury awarded one of the largest civil judgments in the past 20 years Thursday when it found a Lexington nursing home responsible for mistreatment of an Alzheimer’s disease patient. After three days of testimony and three hours of deliberations, the jury unanimously decided that Living Centers – Southeast Inc., the former owners


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