The U.S. Health and Human Services Department, the agency that oversees and controls more than $1 trillion in Medicaid and Medicare funding has made a bold move to protect the rights of nursing home patients and their families. The agency has just issued a new rule that prohibits any nursing…
Articles Posted in Fort Myers nursing home abuse
Maree v. Neuwirth – Nursing Home Negligence Lawsuit Complicated by Organizational Structure
The organizational structure of nursing homes and long-term care centers throughout the country has created challenges for nursing home negligence lawyers seeking to hold these companies and staffers accountable for abuse and neglect of the elderly. It used to be that in most cases of nursing home abuse or neglect, plaintiffs could be…
Novosett v. Arc Villages – Nursing Home Arbitration Agreement Scrapped for Damage Caps
Florida’s 5th District Court of Appeal scrapped a nursing home arbitration agreement because of an unenforceable damage cap contained therein – one that the court said went to the financial heart of the agreement. In Estate of Novosett v. Arc Villages, the court decided that because this part of the…
Report: Snapchat Increasingly Cited in Nursing Home Abuse Cases
If you’re over the age of 35, you could be forgiven for not being familiar with “Snapchat.” But it’s worth learning about, considering it has more than 200 million active users and is one of the fastest social media apps in the world. It’s also being cited in an alarming…
Report: 1 in 10 Elderly Suffer Some Form of Abuse
Recently in central Florida, two certified nursing assistants were fired and arrested on charges of battery on an elderly person after footage from a hidden camera appears to show them striking an elderly Alzheimer’s patient in their care. The 76-year-old victim’s son said he and his wife noticed the bruising…
Obama Administration Considers Tackling Nursing Home Arbitration Agreements
The federal Centers for Medicare & Medicaid Services (CMS) recently received a report from an organization called Public Justice addressing the problem of mandatory arbitration agreements for nursing home patients and residents of long-term care facilities. Arbitration agreements are contracts that an increasing number of nursing homes require new patients…
Hattiesburg Health & Rehab Center v. Brown – Nursing Home Arbitration Agreement
Residential agreements are required by most – if not all – nursing home residents at the time of admission. In some cases, these agreements simply lay out the financial obligation of resident seeking placement. However, an increasing number of homes are requiring residents and/or their representatives to sign arbitration agreements.…