The family of a man who died after he fell while at a North Carolina nursing home has settled a lawsuit against the nursing home for $4 million, the family’s attorneys report.  Rachel A. Fuerst, Carma Henson and Thomas Henson ...

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As assisted living and skilled nursing homes across North Carolina slowly begin to allow people to visit residents, both the attorneys who advise those homes and those who represent residents’ families say that COVID-19 has created unchartered territory that has ...

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A nursing home whose administrator pledged to do “whatever he needed to do to cut costs” will have to pay out almost $2 million in punitive damages to the families of three patients who died in the facility’s care, the ...

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Palmetto Prince George Operating LLC v. NLRB (Lawyers Weekly No. 001-154-16, 17 pp.) (Motz, J.) No. 15-2143, Nov. 1, 2016; On Petition for Review; 4th Cir. Holding: Substantial evidence supports the National Labor Relations Board’s finding that a group of ...

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Dial v. Britthaven, Inc. (Lawyers Weekly No. 012-026-16, 7 pp.) (Valerie Zachary, J.) Appealed from Robeson County Superior Court (Mary Ann Tally, J.) N.C. App. Unpub. Holding:  The plaintiff-daughter had no authority, either actual or apparent, to execute the arbitration ...

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A nursing home accused of using morphine to keep difficult residents sedated has paid $1.5 million to settle a wrongful death lawsuit after offering to settle for $100,000 during mediation, according to a plaintiff’s attorney.

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WILMINGTON (AP) — A nursing home in suburban Wilmington has been cited by the North Carolina Department of Health and Human Services for failing to ensure its residents are free from abuse. The StarNews of Wilmington reports that Champions Assisted Living ...

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A trial court that declined to force arbitration of a lawsuit stemming from a nursing home death was ordered by the N.C. Court of Appeals to reconsider whether paperwork signed by the patient’s daughter was binding.

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Arbitration agreements that require all disputes to go through a chosen arbiter can save companies a lot of money and uncertainty—provided, of course, they make sure that the arbitrator they’ve chosen is willing to take the case. One nursing home overlooked that little detail, and got an unpleasant surprise when it learned the agreement wasn’t worth the paper it was printed on.

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SSC Statesville Maple Leaf Operating Co. v. Morgan Pursuant to a power of attorney from his mother, defendant executed both an admission form and a separate dispute resolution agreement (DRA) when he admitted his mother to plaintiff’s facility. As defendant’s wrongful death claim arises out of his mother’s treatment at plaintiff’s facility, the claim is subject to the arbitration clause in the DRA.

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