A recent case that alleged harm under the Federal Tort Claims Act, DUCKWALL-KENNADY v. US, Dist. Ct., ED Ky. (2013), was dismissed due to the court’s finding that the doctor defendant was not acting within her scope of employment as an on-call doctor for Federal Veteran’s Agency, but rather in…
A decision reached within recent years in a nursing home case offers a glimpse into the realm of extensive punitive damages that may be available in nursing home neglect cases. In the case, a 76 year old woman was place in a nursing home in Florida for rehabilitation. Throughout the…
A nursing home in California has been in the headlines lately for allegedly abandoning its facility, and therefore patients. One patient suffering from dementia went missing for several days, until he was finally located by law enforcement officers over 30 miles away. Government officials began a criminal investigation into elder…
According to at least one report, at least five elderly individuals died as a result of a systematic incidence of neglect at a care home that was rated “good” by the relevant official regulator. An additional fourteen residents also died, though of reported natural causes, after receiving “sub-optimal” care at…
Proponents of reform in nursing home lawsuits are upset with a recent decision by a West Virginia County Circuit judge who decided to uphold a $90.5 million verdict in a nursing home negligence lawsuit as appropriate, thus denying a request for a new trial. The nursing home’s corporate owner claims…
Last month, a northern California nursing home received a severe citation and $100,000 fine for allegedly overmedicating an 82-year-old stroke patient with a blood thinning drug. These penalties were imposed following an investigation into the circumstances surrounding the patient’s 2011 death while in the facility’s care. According to a representative…
Three Connecticut nursing homes are facing fines for serious lapses in care related to residents who as a result were injured or suffered a further deterioration in health due to improper wound treatment. In the first incident, according to a state inspection report, the rehabilitation center failed to provide adequate…
A substantial percentage of Medicare claims made by for-profit nursing homes were found to be “improper,” according to a report issued late last year by the U.S. Department of Health and Human Services (HHS). The percentage of improper claims among for-profit facilities was reportedly more than double the rate for…
A nursing home in Hyattsville, Maryland has been under investigation by state health officials for more than a year following multiple allegations of neglect, including at least one death. The number of complaints and cited deficiencies led the state to put the nursing home on a national register of nursing…
A woman’s estate filed suit against the nursing home where she lived until the end of her life, alleging that a medication error by nursing home staff caused severe health complications leading up to her death. A jury found the nursing home liable in Freudeman v. Landing of Canton and…