Lawsuit claims fatal negligence at Brunswick senior home
A nursing home facility in southern Brunswick County is facing a medical malpractice lawsuit following the death of a former patient. Gaston County resident Frank Phelps III has […]
Nursing home death caused by beating: $5 million settlement
Action: Nursing home abuse and neglect Injuries alleged: Fractured hip, surgery and death Case name: Withheld Court/case no.: Withheld Jury and/or judge: Withheld Name of mediator: Asa Bell Amount: $5 […]
Family settles nursing home death case for $4M
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 […]
Nursing home visits resume, but leave many questions to answer
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’ […]
Cost-cutting at nursing home justified punitive damages award
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 […]
Labor & Employment – Nursing-Home Nurses Not ‘Supervisors’
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 […]
Arbitration – Nursing Home – Agency – Daughter’s Signature – No Actual or Apparent Authority
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 […]
Nursing home pays $1.5M to settle wrongful death suit
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.
State cites nursing home in Wilmington area
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 […]
Court will reconsider fumbled decision on ‘apparent authority’
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.
Arbitration agreement proved too specific
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.
Arbitration – Nursing Home – Separate Agreement – Power of Attorney
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 [...]
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