Tag Archives: Malpractice

A Troubling Trend of Malpractice Claims Litigated Under State Consumer Protection Acts

A troubling trend has developed across the country in long term care malpractice litigation.  Plaintiffs have been using state consumer protection statutes to lodge skilled care malpractice claims.  This practice most recently reared its head in Pennsylvania.  The Supreme Court of Pennsylvania decided, in Commonwealth of Pennsylvania v. Golden Gate National Senior Care, LLC,1 that failure to provide the services documented in a care plan can be alleged as a form of consumer fraud.  This is bad law for all long term care providers and should be a call to action.

Posted in Litigation Issues, Management Advice, Marketing \ Comments Off on A Troubling Trend of Malpractice Claims Litigated Under State Consumer Protection Acts

Long Term Care Employment Issues Arising in Med Mal Litigation

The patient care and employee/employer behavior crossroads can be a perilous journey when a medical malpractice claim is filed. Now, the facility’s HR practices are placed under the microscope to determine if and what was known about the offending employee from the time of hire to the reported incident and steps taken by the employer to correct and more.  Brian Inamine and Nancy Reynolds explored the interplay of employment issues for long term care facilities in a recent webinar – including abuse, medical diversion, med mal and more.  Click here to view the recording of the complimentary one-hour webinar on …

[ CONTINUE READING ]

Posted in Employment Advice, Employment Practices, Litigation Issues \ Comments Off on Long Term Care Employment Issues Arising in Med Mal Litigation

H.R. 1215: National Tort Reform For Skilled Care

On June 28, 2017, the U.S. House of Representatives passed the Protecting Access to Care Act of 2017 (“Act”).  The purpose is essentially to engage in federal tort reform to lower recoveries against health care providers.  The Act applies to liability claims about diagnosis, assessment, prevention or treatments for disease or impairment rendered by health care providers and provided, in whole or in part, through federal programs, subsidies or tax benefits. The Act places no limits on the economic recovery (monetary losses) and limits noneconomic damages (pain, suffering, anguish, disfigurement, etc.) to $250,000, regardless of the number of parties or …

[ CONTINUE READING ]

Posted in Litigation Issues, Regulatory Issues, Statutory Updates \ Comments Off on H.R. 1215: National Tort Reform For Skilled Care