The Illinois Appellate Court has affirmed a request for a new trial in the wrongful death case against a nursing home where a doctor failed to recognize and diagnose the symptoms of a pulmonary embolism. The case arose from Mary Sikora’s request for a new trial. She claimed that the…
The state appellate court in Nebraska held that a lawsuit against a nursing home arising out of a patient’s fall from bed required expert testimony to prove causation and was not subject to the common-knowledge exception. In this case, Musa Gwelo suffered from multiple myeloma, chronic pain, depression, and tachycardia.…
Harry Cohoon was diagnosed with a treatable form of cancer and was recovering at Victoria Healthcare Center while he underwent treatment from various injuries he had suffered. For 19 days, he did well at the healthcare center. On the 20th day of his residency there, he was observed having difficulty…
In this case, the plaintiff, Merton Messmore, brought a wrongful-death claim against the nursing home in Silvis, Ill., which is about 161 miles west of Chicago. Messmore’s wife, Mary, died after she allegedly fell. The Illinois Appellate Court called this case “a unique situation” about a stay under Section 2(d)…
A Mississippi Appellate Court has held that the two-year statute of limitations for the wrongful death of Sanders Hopkins Sr. was the basis for the dismissal from the lawsuit brought by Hopkins’ son. Hopkins Sr. lived in the Biloxi Community Living Center (CLC), an assisted living facility. He who used…
The aftermath of Hurricane Irma was responsible for knocking out the air-conditioning at a Florida nursing home. As of Sept. 13, 2017, eight patients at that facility had died related to the heat and humidity when temperatures were extremely high. In fact, the state said four of the deceased nursing…
The family of Lola Norton, deceased brought a wrongful death action against a number of defendants who were affiliated with a nursing home in which Bernard Norton’s wife, Lola died. Bernard and family claimed that negligent treatment caused Lola’s death. The the nursing home defendants filed a motion to dismiss…
An Ohio Appellate Court has held that an arbitration agreement signed by the son of a resident at the time of the father’s admission to a nursing home did not justify compelled arbitration. Marcus Vickers signed an arbitration agreement when his father, Jack Johnson, was admitted to the Canal Pointe…
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…
Ms. Doe, 78, suffered from blindness and mild dementia. Her nursing home care plan called for her to receive assistance from at least two people during any type of physical transfer. This would mean transfer from her bed or transfer from a chair or a transfer from her wheelchair. Nonetheless,…