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/Jonathan Steele

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So far Jonathan Steele has created 23 blog entries.
Jul 26, 2016

Liability Of Owners And Managers Of Nursing Homes

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

When people think of a business owner, they imagine one person or perhaps a small group of people. This is often not the case with nursing homes. Many homes have restructured in a way to best avoid liability for their adverse actions. While running from the consequences of injuring elders may seem repugnant, this is [...]

Jul 19, 2016

Deep Tissue V. Pressure Injury

2019-06-11T07:06:15-05:00Categories: Nursing Home Injury, Nursing Home Law|

In nursing home negligence the nursing home often will try to argue that pressure ulcers are actually deep tissue injuries. This argument is essentially a claim that the injury was caused by something other than pressure building up on the area. This however is a very flawed argument, as deep tissue injuries and pressure ulcers [...]

Jul 12, 2016

Personal Jurisdiction Over The Parent Company

2019-06-11T07:06:15-05:00Categories: Nursing Home Law|

Due to the complex chain of nursing home ownership, claims often are litigated in federal court. In some cases there can be an issue with establishing personal jurisdiction over the parent company of the nursing home. In order to establish personal jurisdiction a couple things must be present. First is that the defendant must be, [...]

Jul 05, 2016

Not To Answer Instructions At Depositions

2019-06-11T07:06:16-05:00Categories: Nursing Home Law|

Depositions can be very time-consuming and expensive, but are typically also crucial to a plaintiff’s case. The burden of depositions can be particularly cumbersome if defense attorneys instruct their client not to answer some questions. Fortunately for plaintiffs, the law actually prevents defense attorneys from giving this instruction in many cases. It specifically notes that [...]

Jun 28, 2016

Damage Caps In MO

2019-06-11T07:06:17-05:00Categories: Missouri State Court, Nursing Home Law|

For a brief time, it appeared as if plaintiffs in Missouri would be able to receive full compensation for their injuries. Unfortunately, this ruling from Watts v. Lester E. Cox Med. Ctrs did not last. SB 239 (codified as 538.210) modified medical negligence in Missouri. The act eliminated the common law cause of action and [...]

Jun 21, 2016

Social Media Discovery Of Plaintiffs

2019-06-11T07:06:17-05:00Categories: Nursing Home Law|

Despite the fact that they have done damage to the Plaintiff, nursing homes often will try to further pry. Social media discovery requests from defense attorneys are becoming more and more common in litigation today. Defense attorneys often seek to go on a fishing expedition in hopes of finding something. Often times this is even [...]

Jun 14, 2016

Videotaping Depositions

2019-06-11T07:06:18-05:00Categories: Nursing Home Law|

Even if it is not entirely prevalent, the Missouri Rules of Civil Procedure allow videotaping of depositions.[1] Specifically the Rule 57.03(c) notes that, “[d]epositions may be recorded by the use of video tape or similar methods. The recording of the deposition by video tape shall be in addition to a usual recording and transcription method [...]

Jun 07, 2016

Pressure Ulcers Preventable

2019-06-11T07:06:18-05:00Categories: Nursing Home Injury, Nursing Home Law|

The National Pressure Ulcer Advisory Panel defines pressure ulcers as “localized injury to the skin and/or underlying tissue usually over a bony prominence, as a result of pressure, or pressure in combination with shear.”[1] Elders in nursing homes are particularly vulnerable to these injuries due to their age and propensity to be in bed or [...]

May 31, 2016

Pressure Ulcers Are Avoidable

2019-06-11T07:06:19-05:00Categories: Nursing Home Law|

The tragedy of pressure ulcers is that they are so preventable. These sores cause elders in nursing homes a great amount of pain but can be avoided with a small amount of preventative measures by staff. They are truly a case where “an ounce of prevention is worth a pound of treatment.” Repositioning bed and [...]

May 24, 2016

Pressure Sores And Their Common Sites

2019-06-11T07:06:20-05:00Categories: Nursing Home Injury, Nursing Home Law|

Despite the ease of prevention, pressure sores are a common occurrence for many nursing home residents. This is because they are older, and often confined to their bed.[1] Treatment of these injuries is not difficult. Repositioning bed-bound residents every two hours can often effectively combat their development.[2] Pressure relieving methods such as pillows and foam [...]