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Articles Posted in Long-Term Care Facilities

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Illinois Appellate Court Affirms Order That Nursing Home Has Same Privilege and Strict Confidentiality That Healthcare Professionals Possess for Internal Quality-Control Evaluations

Meadowbrook Manor Nursing Home invoked the Quality Assurance Act in a case i which Jannie Lindsey, as plenary guardian for 88-year-old Laura Lindsey, alleged that Lindsey was injured by a fall while she was a resident at Meadowbrook’s Naperville Nursing Home. The Illinois Appellate Court was presented with a case…

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Illinois Senate Bill 2031 Would Create a Nursing Resident’s Authorized Representative

In an Illinois Senate bill sponsored by Sen. Tom Cullerton, D-Villa Park, the law would create a “resident’s representative” for Illinois nursing home residents.  The law would amend the Nursing Home Care Act, changing Section 1-123 (210 ILCS 45/1). This law — should it be enacted — would allow a…

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Jury’s Verdict of $250,000 for Wrongful Death of Nursing Home Resident Vacated by Trial Court

Julio Reyes Concepcion, a 73-year-old nursing home resident of the Royal Suites Health Care & Rehabilitation facility, had a number of different medical and health problems after he suffered a stroke.  He required tube feeding at the nursing home. After a feeding, a nursing staff worker noted that he had…

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Appellate Court Reverses Trial Court Finding That Nursing Home May Be Responsible for Choosing Not to Follow Doctor’s Order to Use Bedrails

A state appellate court had held that a nursing home’s alleged failure to prevent a nursing home resident’s injuries by raising bedrails was a triable issue of fact. The case centered on whether this choice — made by the nursing home  — was a departure from the standard of care.…

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$20 Million Jury Verdict for Wrongful Death Caused by Opiate Overdose

Doris Green was 79 years old when she was discharged to HealthSouth Rehabilitation Hospital of Gadsden for a two-week stay following her hospitalization for gastroenteritis. About a week after her admission, a nurse discovered that she was in an unresponsive mental state; the physician ordered that she be transferred to…

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$143 Million Settlement Reached in Nursing Home Chain’s False Claims Act Litigation

Life Care Centers of America, which operates 200 locations and is based in Tennessee, will pay $143 million to settle a False Claims Act (FCA) litigation in which it was alleged that the corporation had billed Medicare for excess treatment. According to the report of the case, this was a…

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$586,600 Arbitrator Award in Assisted Living Facility Injury and Death Case

Violet Moseson, a 97-year-old resident of an assisted living facility, was mandated to be checked on every morning. The facility was to perform safety checks each morning for this resident and others. At the time of this occurrence, the electronic system through which the facility was supposed to communicate with…

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Nursing Home Resident Dies After Suffering Several Untreated Illnesses – Jury Enters Verdict for $5.56 Million

Sophia Alcon, 77, was admitted to Life Care Center of Pueblo, a skilled nursing facility. During the 7 months that she remained there, she suffered various injuries and illnesses, including urinary tract infections, bed sores, dehydration, malnutrition, pain, renal failure and aspiration pneumonia. She was brought to a nearby hospital…

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Confidentiality Clauses in Settlement Agreements and How to Just Say No

In an April/May CBA Record article written by attorney Dmitry N. Feofanov, the options for agreeing to confidentiality clauses in settlement agreements were explained. Too often confidentiality agreements seem to show up in settlement agreements or release documents when no negotiations have been previously entertained. At the very least, if…

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Illinois Nursing Home Care Act Amended As Related To Background Checks

The Illinois Nursing Home Care Act has been amended. The new law changes the requirements of nursing home facilities when they transfer residents. The amendment allows for exceptions to the requirement that nursing home facilities shall request a criminal background check on people admitted to a facility within 24 hours…

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