Monthly Archives: August 2016

Aug 30, 2016

Federal Court Cases

2019-06-11T07:06:11-05:00Categories: Federal Court|

In many cases it is very advantageous to get Kansas nursing home cases into Federal Court. Federal Court offers the ability to allege punitive damages in the complaint and entitles plaintiffs to a jury trial on punitive damages. Neither of these remedies are available at a state level. However, getting into federal court requires that [...]

Aug 23, 2016

Nursing Home Compare

2019-06-11T07:06:12-05:00Categories: Nursing Home Law, Nursing Home Search|

As people grow older, their needs often rise. Eventually their families cannot provide adequate care and seek outside help. Nursing homes are supposed to provide this care, but families often are unable to find the right home for their loved one. Fortunately, the Nursing Home Compare Tool on the Medicare website[1] can be very helpful [...]

Aug 16, 2016

Forced Arbitration / CMS Proposal

2019-06-11T07:06:13-05:00Categories: Nursing Home Law|

Arbitration is supposed to be a way for two parties in a dispute to resolve the issue without going to court. It was designed to be optional and used when beneficial to both parties. Unfortunately, forced arbitration clauses are becoming too common in the healthcare industry. This is particularly true of nursing homes and long [...]

Aug 09, 2016

Sunshine Requests And Open Records

2019-06-11T07:06:13-05:00Categories: Nursing Home Law|

In nursing home litigation, it is not always possible to obtain all the information necessary or desired from the nursing home itself. Fortunately other ways of obtaining this information exists. Missouri allows for Sunshine Requests and Kansas has open records requests. These requests serve to allow plaintiffs to discover the information they need. This includes [...]

Aug 02, 2016

Nursing Home Surveys

2019-06-11T07:06:14-05:00Categories: Nursing Home Law, Surveys|

Nursing home surveys can be very helpful to plaintiffs in a nursing home negligence case. The surveys are done by a state agency to ensure that the nursing home is maintaining a safe and caring environment for its elder residents. If a nursing home is found to have violations, they may either appeal the results [...]