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 …

Liability Of Owners And Managers Of Nursing Homes

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 the reality of the nursing …

Deep Tissue V. Pressure Injury

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 are essentially the same thing. …

Personal Jurisdiction Over The Parent Company

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, “amenable to service of process …

Not To Answer Instructions At Depositions

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 the defense attorney’s presence and …

Damage Caps In MO

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 replaced it with a statutory …

Social Media Discovery Of Plaintiffs

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 after the Plaintiff has responded …

Videotaping Depositions

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 unless the parties otherwise agree.” …

Pressure Ulcers Preventable

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 a wheelchair for extended periods.[2]These …

Pressure Ulcers Are Avoidable

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 wheelchair bound residents every two …