Earlier this month, an appellate court issued a written opinion in a nursing home case brought by the surviving loved ones of a woman who died while in the care of the defendant nursing home facility. The case presented a hot-button issue in many nursing home cases across the country: …
When someone is injured due to the negligent or intentional conduct of another person, the victim is entitled to file a Florida personal injury claim against the person or people they believe to be responsible for their injuries. If successful, an accident victim can recover compensation for their injuries.Compensation awards…
When a South Florida nursing home abuse or neglect case is filed, the parties must exchange certain requested materials before the case is scheduled for trial. This is called the pre-trial discovery process, and it is an opportunity for both sides to learn a little more about the other’s case.In…
Earlier this month, Hurricane Irma ripped through South Florida, leaving behind a disaster area in some locations. Hurricane Irma may not have been as bad as some had forecasted, but hundreds of thousands of Floridians were left without power in the wake of the storm. While a power outage may…
Over the past few years, arbitration contracts in nursing homes have been a hot-bed of litigation across the country. Indeed, last year, a federal agency attempted to make it much more difficult for government-funded nursing homes to include arbitration agreements in their pre-admission contracts. However, since then, the nursing home…
Late last year, a state court of appeals issued a written opinion in a nursing home negligence case brought by the estate of the deceased resident. The case presented the court with the opportunity to discuss when an arbitration agreement is valid if it is signed by someone other than…
Earlier this month, a Florida appellate court handed down a decision in an interesting nursing home negligence case, requiring the court to determine the validity of an arbitration contract signed by a deceased resident’s daughter. The court ultimately rejected the nursing home’s argument that, since the resident was a third-party beneficiary…
The Supreme Court of Oklahoma recently released a decision granting a plaintiff’s request to prevent the enforcement of an order issued by the judge presiding over a wrongful death case. The initial order had denied the plaintiff’s request to amend their complaint and add additional defendants of whom the plaintiff…
The Supreme Court of South Carolina recently released a decision reversing a lower appellate decision that determined the defendant nursing home maintained their right to compel arbitration of the plaintiff’s wrongful death claim against them, filed on behalf of the plaintiff’s deceased mother. The state supreme court determined that by…