Federal Court Cases

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 the parties be diverse. Fortunately …

Nursing Home Compare

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[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” …

Forced Arbitration / CMS Proposal

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 term care facilities. The result …

Sunshine Requests And Open Records

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 the nursing home licensure file …

Nursing Home 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 or institute a plan for …