In Cowart v. Widener, 287 Ga. 622 (2010), the Georgia Supreme Court said “most ‘medical questions’ relating to causation are perfectly capable of resolution by ordinary people using their common knowledge and experience, without the need for expert testimony. Thus, in a wrongful death action based on the theory that the defendant proximately caused the decedent’s death […]
On June 28, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it will include ownership and operatorship affiliation information on its Nursing Home Compare website. This follows the White HOuse’s announcement in February 2022 of an initiative to increase the transparency of corporate ownership and operation of nursing homes. CMS’s goal is to […]
Recently the U.S. Supreme Court decided Talevski v. Health and Hospital Corporation of Marion County (HHC). The Justices, writing separate opinions, clearly found that Congress established a federal right to quality care when it passed the Federal Nursing Home Reform Act. The decision is summarized on EZ Elder Law, but the thumb nail version is […]
Frequently, nursing homes and assisted living facilities will hide arbirtation agreements in their admissions agreement. The purpose is to prevent you from seeking justice in front of a jury if they hurt or kill you or your loved one. It is important to read those documents carefully and either cross-out or refuse to sign those […]
On March 8, 2023, the Centers for Medicare and Medicaid Services (CMS) revised its nursing home visitation guidance issued during COVID-19. Now, visitation is allowed at all times. The notice, which includes a frequently asked questions attachment with examples, states in part: Facilities shall not restrict visitation without a reasonable clinical or safety cause, consistent […]
In this video, our friend Stephen Cnace explains what to do when you suspect nursing home abuse or negligence. Note: Although Blue Ridge Injury Law co-counsels with Lourie, Chance, Forlines, Carter & King, PC, the firms are different. Nothing on this website is intended to suggest that our relationship with that firm is more than a […]
On May 10, 2023, EZElderLaw.com reported that the nursing home industry continues to push against nursing home staffing mandates. Despite hidden profits associated with related party actions, industry leaders claim they can’t provide enough care because it would cost as much as $10 billion annually. Still, everyone knows sufficient staffing is directly linked to patient […]
In Hooker v. The Citidel Salisbury LLC (M.D. N.C. 4/20/2023), Plaintiffs alleged intentional understaffing by the nursing home, alleged they failed to receive services they were entitled to, and sought class action certification. The nursing home opposed the certification. The Court found that the “class action device is “an exception to the usual rule that […]
The following video discusses wrongful death cases. If you believe a loved one was killed as a result of another person’s negligence, call us today. Note: Although Blue Ridge Injury Law co-counsels with Lourie, Chance, Forlines, Carter & King, PC, the firms are different. Nothing on this website is intended to suggest that our relationship […]
In the following video, attorney Stephen Chance discusses examples of nursing home abuse and neglect. If you or a loved one have been injured, call us today. Note: Although Blue Ridge Injury Law co-counsels with Lourie, Chance, Forlines, Carter & King, PC, the firms are different. Nothing on this website is intended to suggest that […]
