Tag Archive: Discovery issues

Getting Medical Records

I read an interesting article about getting medical records earlier this week.  The article raised several important points:  1) Its hard to get your own records, but its much harder to get someone else’s; 2) Its hard to get ALL records; 3) Its hard to be sure that the records are accurate. USA Today specifically points

Nursing home executives indicted for tax evasion

The indictment alleges that the men ran about 70 nursing homes in Texas and other states and were responsible for a $200 million operation but hid their control of the facilities. Payroll companies: More than 150 sham payroll companies were created to avoid paying taxes, according to the indictment. A former Hurst nursing home executive

Defense lawyer asking “inhumane” deposition questions

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

HIPAA law being misused by health care providers

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

Direct liability of parent corporation of facility

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

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


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