The U.S. Supreme Court on Thursday refused to upend decades of precedent and allowed a nursing home resident’s family to sue an Indiana care home under the Federal Nursing Home Reform Act for allegedly negligent care, saying the law confers a private right of action for alleged civil rights violations.

Here is the link to my website page summarizing my experience handling nursing home negligence cases, including some law I made on appeal in the 11th Circuit in Gilmore v. Lifecare.

My Nursing Home Negligence Experience

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1558894?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-09&nlsidx=0&nlaidx=0?copied=1

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A three-judge Appeals Court panel reversed a Suffolk County judge’s dismissal of a suit alleging that nurse Orbelina Erazo, physical therapist Lauren O’Hara and their employer, Brigham & Women’s Faulkner Hospital, failed to properly assess the fall risks for patient Elizabeth Owens, which caused her to fall and fracture her hip following hip surgery.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1684246?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-05&nlsidx=0&nlaidx=0?copied=1

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If you have friends in Gloryland
Who left because of pain
Thank God up there, they’ll die no more
They’ll suffer not again
Then weep not friends
I’m going home

Gloryland, Ralph Stanley, and The Clinch Mountain Boys

Trial lawyers become experts in the circumstances just before and after the end of life. Some deaths come with early warning, and others come suddenly. They all leave behind a trail of evidence: weights and measurements duly noted by the medical examiner’s office; microscopic slides of tissue magnified by pathologists; vials of blood sent for testing; black boxes containing recorded information and conversations; skid marks, yaw marks, and highway debris.

Photos, letters, marriage licenses, news stories, diplomas, awards, service medals … the accumulated physical evidence of lives well-lived.

Families. Loved ones. Children.

For wrongful death, put these lives and this evidence in the hands of someone you can trust.

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From the New Yorker.

How Hospice Became a For-Profit Hustle

The Black Belt, a swath of the Deep South that includes parts of Alabama, has some of the highest rates of heart disease, diabetes, and emphysema in the country. On paper, Farmer knew, it was possible to finesse chronic symptoms, like shortness of breath, into proof of terminal decline.

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“Even though things were bad,” said Calora, “it doesn’t give people license to practice beneath the standard of care.”

A Washington lawyer observes that the pandemic created a free for all in health care where providers were operating willy-nilly in the face of a poorly understood disease.

In my own experience, it was the pandemic rules that kept people out of hospitals and away from family bedsides that made it more difficult. Family members at the bedside are the last line of defense in patient safety. Without concerned family keeping track of care, an essential guard rail was removed that promoted carelessness. To make matters worse, it was difficult if not impossible for family members to keep track remotely by phone. This made any turn of events for the worse an opaque disaster – a puzzle that could not be solved without obtaining the medical records.

Link to the story out of Washington state is here:

Pandemic Major Factor in Legal Cases of Medical Carelessness

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FAU team receives $1 million grant to identify effective fall prevention strategies for older adults

Nursing homes and assisted living facilities are governed by special rules. These rules are separate from the normal statutes and rules applied to doctors and hospitals in medical malpractice cases. You can learn more about my experience handling nursing home falls and other patient rights cases using the link below.

My Nursing Home Abuse Litigation Experience

The post Every second, an older person in the United States falls and injures themselves, and every 20 minutes one of them dies from the fall. appeared first on The Thompson Law Firm.

While this happened in Spain (link to the story here), we all saw similar stories here in the US: family members touching windows when lucky enough to do so as a substitute for visiting parents and grandparents.

The injuries or complications caused by medical error are increased in the elderly population, who are often vulnerable due to illness and have long lengths of stay. Congress found that between January 1999 and January 2001 more than thirty percent of nursing homes in the United States – 5,283 nursing homes – were cited for an abuse violation that had the potential to create harm.

Click here to learn more about my experience in nursing home cases and call or send me a message from the website if you have any questions.

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