Sometimes Defendants try to file an early motion to dismiss on Plaintiff’s negligence per se cause of action. Here is a recent case that will help you overcome Defendant’s Motion to Dismiss. “It is obvious that as a resident of the nursing home owned by Mariner, McLain’s father belonged to the class of persons for
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
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
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
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