Standard of Care vs.Quality of Care in Long Term Care Facilities
The long-term care industry is a highly regulated machine governed by both state and federal guidelines. These regulations provide the plaintiff's attorney with a framework that sets out the quality of care necessary in a long-term care facility. Violations of this care framework may establish the predicate for litigation. Accordingly, any attorney who is going to practice in this area of law, even on an intermittent basis, must thoroughly familiarize himself or herself with both the state and federal regulations governing this industry.
Strategies for Presenting Closing Arguments Plaintiff's Caes
As you make your closing argument you are, hopefully, confirming for the jury that the decision they have already made is the correct one. Closing argument is your opportunity to convince the jury that a significant award is appropriate in your nursing home case because of the bad conduct of the nursing home and because the life of an elderly person is no less valuable than that of any other human being. The jury should understand that all life is precious and should end naturally, not because of a corporation’s greed and indifference. Closing is your opportunity to convince the jury of the righteousness of your case and the opportunity they have before them. It is an opportunity to protect those that cannot protect themselves and to make a difference in the quality of care nursing home residents receive.
Suggested Topics for Voir Dire in a Nursing Home Case
Life Experiences, Dependence on Others, Bedsores, Just to name a few.
The Basics of Alabama's Products Liability Law
?:=duct !iabi!ity actiens in PJabama are govemed by the Alabama Extended Manufacturers' Liability Doctrine ("AEMLD"). The AEMLD is predicated on the strict liability doctrine promulgated by Section 402A of the Restatement (Second) of Torts ("Section 402AH)b, ut the AEMT,n has importa~dt ifferences.
The Discovery Rule in a Medical Malpractice, Wrongful Death Case is it Applicable Oct.2005
A widow comes into your office and seeks advice regarding the death of her seventy year old husband almost three years ago. The doctor told her that these types of tragedies just happen sometimes during surgery, so she always thought his was a natural death. But recently, she saw news that a medical device, like the one used in his surgery, was withdrawn from the market due to safety concerns. You immediately order records to see if this device was used and whether it played a role in his death. Your review of those records reveals that not only does she have a product liability claim, but a medical malpractice claim as well.
The Evils of Binding Arbitration in Consumer Contracts
Alabama first experienced the use of binding arbitration in our consumer contracts in late 1995. The first companies to include binding arbitration clauses were what we call the poverty industry – title pawnshops, check cashing outlets, and “catalog stores.” Across the state, many cases were filed against these type companies because of their deceptive sales tactics, fraud, and the usurious interest charged. As expected, these companies attempted to compel any and all cases to arbitration. Once the Republican majority led Alabama Supreme Court agreed that arbitration was the proper forum to resolve disputes against these companies, the door was flung open and the new “kudzu” took root and began spreading across our state creeping into every consumer contract imaginable. Now, binding arbitration is spreading into other states’ consumer contracts at a rampant pace.
The Plaintiff's Liability Case, Lining Up & Preparing Your Witness
The Plaintiff's Liability Case, Lining Up & Preparing Your Witness
The Plaintiff's Perspective on Identifying and Investigating Specific Cases
Approximately twenty-five thousand people in Alabama wake up everyday in a nursing home, dependent on others to meet most or all of their needs. They are a helpless, vulnerable population whose numbers will increase dramatically in coming years as the baby boomers begin entering retirement. This oncoming growth will require that the quality and quantity of care offered by nursing homes be increased proportionately.
The Present Status of Consumer Fraud Litigation
The two main areas of consumer fraud that will be addressed in this paper are the victimization of consumers by the financial services industry, more commonly referred to as predatory lending, and the types of fraud perpetrated on consumers in the sale of insurance. This paper will also discuss both industries attempt at immunity by requiring pre-dispute, binding arbitration.
Top Ten Things to do to Prepare a Nursing Home Case
The Federal Regulations governing nursing homes are contained in and created by the Omnibus Budget Reconciliation Act of 1997, also known as the Nursing Home Reform Act. The Federal Agency responsible for their enforcement is the Health Care Finance Administration (HCFA) of the Department of Health and Human Services. Federal nursing home regulations are located at 42 USC § 1396 (the Nursing Home Reform Act), and 42 CFR § 483 (the Requirements for Long Term Care Facilities). These regulations, along with corresponding state law, create standards which heighten the expectations of nursing home care from a minimum maintenance goal, to the goal of maintaining the “highest practicable physical, mental and psychosocial well being” of nursing home residents. 42 C.F.R. § 483.25.
