Massachusetts Supreme Judicial Court refuses to find nursing home criminally liable for death; rejects liability based on aggregate knowledge

In Commonwealth v. Life Care Ctrs. of Am., Inc. , 2010 Mass. LEXIS 222 (Mass. May 19, 2010), a nursing home employee inadvertently removed numerous physician's orders, including WanderGuard orders, from Julia McCauley's treatment sheets. Under the care of a short-handed staff, McCauley, who...

Massachusetts drafts bill to deal with nursing home dumping

A Massachusetts bill will attempt to prohibit the "dumping" (i.e. wrongful eviction) of nursing home residents. Dumping occurs when a nursing home leaves a resident at an emergency room or a last known address. Massachusetts proposed bill: 2009 Bill Text MA H.B. 4270 / 2009 Bill...

Seventh Circuit strikes down nursing home’s policy of honoring resident’s demand for white-only health-care providers: Chaney v. Plainfield Healthcare Ctr. (7th Cir. Ind. July 20, 2010)

Plainfield Healthcare Center was a nursing home that housed a resident who did not want assistance from black certified nursing assistants. Plainfield complied with this racial preference by telling Brenda Chaney, a black nursing assistant, in writing everyday that "no black" assistants should...

Pennsylvania court deems nursing home subject to claim for corporate negligence: Scampone v. Grane Healthcare Co., 2010 PA Super 124 (Pa. Super. Ct. July 15, 2010)

Madeline Scampone was a resident of Highland Park Care Center, a nursing home facility managed by Grane Healthcare Company. Following Scampone's death, plaintiff filed a negligence action against Highland and Grane, alleging that Scampone's heart attack was the result of an infection, dehydration...

Illinois Governor Signs Nursing Home Legislation, 2009 IL S.B. 326, 2863

From the Illinois Government News Network : CHICAGO - Governor Pat Quinn signed legislation that transforms Illinois' system of care for frail older adults and persons with disabilities. The new law is the product of months of research and deliberation initiated by the Nursing Home Safety...

New York Court Dismisses Nursing Home Malpractice Claims

ROCHESTER, NY - The Fourth Department New York Supreme Court Appellate Division on April 1 reversed and remanded a nursing home wrongful death cause of action and ordered the dismissal of claims related to alleged medical malpractice in the treatment of a deceased resident. The court, however, held that...

Falling off a financial cliff without Medicare to catch you

Many spouses or adult children of seniors come to see me when their loved one has been admitted to, or is soon going into, a nursing home for long-term care. They are traumatized over their loved one's situation, of course. Often they are feeling completely blindsided, having recently learned...

Discretionary Trust Deemed Available Medicaid Asset

In April 2012, an Ohio Court of Appeals has affirmed [ enhanced version available to lexis.com subscribers ] the state's denial of Medicaid benefits to a deceased nursing home resident's estate , concluding that the resident's irrevocable discretionary trust was an available asset for purposes...

Will Medicare Pay for Your Florida Nursing Home?

Are you one of the many Florida residents relying on Medicare to pay your way if you ever need nursing home care? Depending on what you mean by "nursing home," you, your family and your pocketbook could be in for a big shock. Many people fail to realize that Medicare does not cover long-term...