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Aug28, 2017

DHHS: 25% of Nursing Home Abuse Cases not Reported

Categories: Department of Health and Human Services, Medicaid, Medicare, Nursing Home Injury, Nursing Home Law|

Over One Quarter of Nursing Home Abuse Cases Not Reported to Police, Says Department of Health and Human Services
An ongoing investigation by the Office of Inspector General in the Department of Health and Human Services has released an alert to the Centers for Medicare and Medicaid Services (CMS) that more needs to be done to […]

Apr15, 2016

Advantages of Federal Court in Kansas Nursing Home Cases

Categories: Federal Court, Kansas State Court, Nursing Home Law|

In an ideal world justice would be equally and readily available no matter where a person is injured. This is especially true in nursing home abuse cases. Families place their loved ones in nursing homes so they can receive the care they need and deserve. It should not matter where the nursing home is located […]

Dec15, 2014

Who to Depose in a Nursing Home Negligence Case

Categories: Nursing Home Law|Tags: , , , , , , , , , |

Depositions are a crucial aspect of a nursing home negligence claim. Depositions provide an opportunity to test and probe the nursing home’s sworn explanation of the circumstances leading to the injury. Depositions also lock staff and administrators into a position on a topic, thus providing impeachment material if the witness seeks to change his or […]

Dec01, 2014

Using Immediate Jeopardy Findings in Nursing Home Litigation

Categories: Nursing Home Law|Tags: , , , , , |

State and federal laws require nursing homes to provide reasonable and proper care to its residents. If a nursing home fails to provide an appropriate standard of care the state or federal inspector may issue a citation for “immediate jeopardy.” Immediate jeopardy refers to circumstances where the nursing home’s failure to comply with a safety […]

Nov15, 2014

Smoking in Nursing Homes

Categories: Nursing Home Law|Tags: , , |

Many nursing home’s residents want to maintain certain aspects of their lifestyle. For that reason, many elders that enter a nursing home want to continue smoking. Unfortunately, this often proves dangerous because nursing homes fail to properly monitor the resident. Indeed, the dangers associated with resident smoking are easily negated with proper supervision and a […]

Nov01, 2014

Signs of Nursing Home Abuse

Categories: Nursing Home Law|Tags: , |

Families place an immeasurable amount of trust in nursing home staff when they admit a loved one to that facility. This trust is often misguided when nursing home abuse occurs to loved ones instead of the promised care.

What can families do to help stop this?

First, family members must not wait for nursing home staff to […]

Oct15, 2014

Responding to Defendant’s Delay Tactics in Nursing Home Litigation

Categories: Nursing Home Law|Tags: , , , , , |

Nursing home cases are a lengthy process even when both parties cooperate.  This is because nursing home cases usually consists of thousands of pages of documents and medical records that each party must review, and then conduct numerous depositions. Too often the nursing home’s litigation strategy is simply one of delay. When this happens, it is important […]

Oct01, 2014

Request for Production of Records

Categories: Nursing Home Law|Tags: , , , , , , , |

Access to the proper records and documentation is key to any claim of nursing negligence. State and federal court rules of civil procedure allow plaintiffs to issue a Request for Production of Records after they file their Petition for Damages. Doing so allows the plaintiff to access documents he or she may not already possess.

Some […]

Sep15, 2014

Pre-Suit Discovery in Nursing Home Litigation

Categories: Nursing Home Law|Tags: , , , , |

In nursing home litigation, it is essential to gather as much information as possible from the facility. This means demanding every document and record that the home is willing to provide before filing a lawsuit. Nursing homes are required by law to maintain many records that can provide insight into the case. While they may […]

Sep01, 2014

Physical Restraints

Categories: Nursing Home Law|Tags: , , , , , |

Loved ones sometimes need physical restraints to prevent falls or recover from a medical procedure. It is also true that there are sometimes medical reasons to prescribe restraints. But too often nursing homes use restraints as punishment or a way to restrict movement of residents. This is against federal law. In fact, except for emergency […]