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Nursing Homes: A Tough Decision

At the turn of the 20th century, Americans could expect to live to the ripe old age of 47. Today, according to the Centers for Disease Control National Center for Health Statistics, the average American can expect to live 77.9 years. As the percentage of the population which reaches “old age” continues to increase, we

10 Tips For Finding A Nursing Home

10 Tips: Finding a nursing home Take wise steps when choosing a nursing home LAURA T. COFFEY, Times Correspondent Published February 18, 2007 Who knew that so many people have to make decisions about nursing homes while under severe time constraints? These tips can help: 1 Know your rights. If a hospital tells you your

“Blame the Patient” Defense

How do I blame thee?  Let me count the ways Lynn R. Laufenberg’s article discussing the “blame the patient” defense in medical malpractice litigation is divided into three categories, each one relates to a different way the plaintiff can be blamed for the negligent care received. The author describes each one and offers suggestions on

Surveys may be admissible

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

OBRA as standard of care

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

Discovery of employee personnel files

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,

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