IN DEFENSE OF NURSING HOMES. Nursing home claims can involve complicated allegations of negligence pertaining to
|
|
- Kristin Patterson
- 7 years ago
- Views:
Transcription
1 David J. Varriale IN DEFENSE OF NURSING HOMES Nursing home claims can involve complicated allegations of negligence pertaining to decubitus ulcers, falls and fractures, dehydration and malnutrition, fecal impaction, urinary tract infections and other infections, improper use of restraints, aspirations, choking, physical and mental and verbal abuse, mismanagement of medications, elopement, and other alleged violations of resident s rights. In order to effectively defend skilled nursing facilities against such claims of nursing home neglect, defense counsel must remove some of the common misconceptions that can affect the jury. At trial of these matters, typical mistakes made by defense counsel involve poor communication and education of the jury. Some of the common areas where the jury needs to be better educated are detailed below. A. Age Related Declining Health - Despite Good Care Our skin thins, and is less elastic, as we age. This thinning is most evident in the subcutaneous layer of skin, which not only houses blood vessels and nerves, but acts as a shock absorber protecting these tissues. Further, the skin suffers the effects of long term sun damage. Over time, the bones and joints wear and tear, leading to osteoarthritis and chronic pain syndromes, as well as osteoporosis and brittle, fragile bones. Age related decline in vision and hearing manifest as cataracts and presbycusis hearing loss, respectively. From a urogenital perspective, men suffer from benign prostatic hyperplasia, which can lead to urinary incontinence and urinary tract infections. Older women are also at risk for urogenital problems as they age due to hormonal declines. The elderly are at greater risk for falls, with increased stiffness, decreased muscle strength, and decreased reflexes and vision, all of which predisposes one to falls. Chronic medical conditions such as diabetes can affect balance, and
2 medications to treat chronic disease can cause dizziness and contribute to the occurrence of falls. Kidney function decreases with age. And, although less than one half of one kidney is needed to maintain normal function, the elderly are especially vulnerable to any stress impacting kidney function such as infections and medications due to the lack of kidney reserves. Decreased neurological function, heart disease, cancer, and Alzheimer s disease, are all more common as one ages. This medical list is hardly exhaustive, but the implications are indeed clear. General good health typically declines with age, and this decline essentially removes the body s ability to respond to even the mildest of stressors. Moreover, the best professional nursing care cannot reverse the trend. B. Nursing Home Claims are Nursing Malpractice Claims - Not Simple Negligence Claims These claims involve matters of professional nursing judgment, with respect to professional nursing care provided in the clinical nursing home setting. These claims are complex, and not matters of simple negligence as plaintiff s counsel often tries to argue. It is extremely important for defense counsel to assert that plaintiff is pleading and pursuing claims sounding in professional nursing negligence in the nursing home setting. Even if your case is a simple fall, it still should be defended as a professional nursing negligence claim when it takes place in the nursing home setting, and there is a governing care plan in place, and care measures being done for the resident by the nursing home staff. If defense counsel frames the claims as sounding in professional nursing negligence in the nursing home setting (pursuant to state and federal statutes/regulations), then plaintiff s counsel is forced to consider such issues as statute of limitations, notice requirements, filing deadlines, and more importantly, expert witness testimony, which would typically drive a small to medium sized expense case into the potentially higher and more unacceptable expense range. Remember that a case involving 2
3 professional nursing negligence usually requires significant damages because of the difficulty and expense required by plaintiff s counsel to prosecute it through trial. C. Injuries to the Elderly Often Have Limited Value Often, the records from a prior hospital or visiting nurse service can show that the resident or decedent already had declining health requiring extensive care and/or services at home. This can be particularly effective, for example, when the opposition claims that the decedent was independent and capable of shopping, ambulating, and enjoying a full life in the community. Frequently, these claims are proven to be false or exaggerated. The prior records from the hospital or VNS service can often temper the value of these cases, and expose the plaintiff to the jury for overreaching on their damages claim. This makes the jury all the more inclined to render a defense verdict in favor of the nursing home. D. Use Experienced and Credible Experts If the foregoing may be called, Jury Education, then the Use of Experienced and Credible Experts is the engine to achieve that purpose. Credible experts do this by virtue of their own knowledge, competence, and charisma. An experienced expert that has the ability to teach and convey medical concepts to non-physicians is invaluable in getting the relevant medical facts presented to the jury. At trial of these matters, a variety of choices will emerge for theme development. Defense counsel must guard against plaintiff s efforts to focus on the alleged negative conduct of the nursing home staff, and to suggest abuse and neglect. Moreover, defense counsel must anticipate the argument that nursing homes place profits over people. This is a central theme typically used by plaintiff s counsel in nursing home cases, and therefore, throughout the course 3
4 of the trial this theme should be defended against vigorously with the proper witnesses, proofs, and presentation of evidence. No one can do this better than the right expert at the right time. The goal in defending these nursing home cases at trial is to be the better prepared, and to make an orderly presentation of the relevant facts at issue. There are many documents which will need to be explained to the jury in an orderly and thematic way to maximize the effectiveness of the presentation. This educational approach is essential to properly defend the facility, and convince the jury. A well prepared defense attorney, with a credible expert, provides the best opportunity to show the jury, early and often, that the plaintiff s elements of proof are lacking, as to both witness testimony and demonstrative evidence. Defense counsel must keep the jury focused on the plaintiff s lack of proof, and convince the jurors to believe in the good care provided by the nursing home facility. Conclusion It is up to defense counsel to effectively teach the jury about the complex and diverse nursing concepts and care measures associated with claims of professional nursing negligence in the nursing home setting. Using deliberate and thoughtful arguments when explaining the facts of the case, and using the appropriate experts to help dispel common nursing home misconceptions, can help defense counsel counter plaintiffs efforts that seek to exploit these claims. Finally, successful jury education continues throughout the entire trial and culminates with a strong closing argument. An appreciation of the relevant facts about the nursing care plan, care measures, and interventions is key to that success. An effective strategy in defending these complex cases must continue with the collection and presentation of all corroborating evidence, application of solid trial advocacy skills, and the use of appropriate expert witnesses skilled in the areas of geriatrics and nursing care in the nursing home setting, 4
5 to maximize the defense of your nursing home clients. Trial counsel should bear these strategies in mind, particularly because their efforts can often make the difference in successfully defending professional nursing home claims, and protecting their clients from suffering negative outcomes. 5
v. Record No. 960876 OPINION BY JUSTICE ELIZABETH B. LACY April 18, 1997 ROBERT J. PARISER, M.D., ET AL.
Present: All the Justices LINDA M. ST. GEORGE v. Record No. 960876 OPINION BY JUSTICE ELIZABETH B. LACY April 18, 1997 ROBERT J. PARISER, M.D., ET AL. FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Marc
More informationUnderstanding the Aging Process: General Information, Risk Factors and Approaches to Care
Understanding the Aging Process: General Information, Risk Factors and Approaches to Care 1 Understanding the Aging Process In 2004, the life expectancy for the United States population reached a record
More informationHow To Prove That A Person Is Not Responsible For A Cancer
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Alternative Burdens May Come With Alternative Causes
More informationWHAT IS INCONTINENCE?
CNA Workbook WHAT IS INCONTINENCE? Incontinence is the inability to control the flow of urine or feces from your body. Approximately 26 million Americans are incontinent. Many people don t report it because
More informationCommonwealth Of Kentucky Court of Appeals
RENDERED: OCTOBER 27, 2006; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-002095-MR DEBRA IRELAND APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE MARTIN
More informationIN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS
IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS KC Plaintiff ) ) Plaintiff, ) ) v. ) Case No.: 06 CV 1383 ) Defendant Doctor ) ) Defendant. ) PLAINTIFF S PROPOSED JURY INSTRUCTIONS Plaintiff submits
More informationHowHow to Find the Best Online Stock Market
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0424 EVELYN SCHILLING LAWRENCE CONLEA Y RONALD CONLEAY NELDA CARROL AND BETTY VERRET t 01 VERSUS GRACE HEALTH
More informationCIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI
More informationHANDBOOK FOR JURORS IN CRIMINAL AND CIVIL CASES IN THE. For the. Parish of St. Charles. Courthouse. Hahnville, Louisiana JUDGES
Jury Duty Information HANDBOOK FOR JURORS IN CRIMINAL AND CIVIL CASES IN THE 29 th Judicial Court For the Parish of St. Charles Courthouse Hahnville, Louisiana JUDGES EMILE R. ST.PIERRE Division C M. LAUREN
More informationLaw and Motion Calendar Department Nine (10:00 a.m.) April 3, 2015
1. GOODIS v. THE PINES AT PLACERVILLE PC-20140319 (1) Defendant Virk s Demurrer to 1 st Amended Complaint. (2) Defendant Virk s Motion to Strike Portions of 1 st Amended Complaint. (3) Defendant Ang s
More informationTeaching method: Lectures, and discussion.
Faculty of nursing Teaching Plan for the B.N.S. International Students, Third Year Gerontological Nursing (553311) 2 st Semester Academic Year 2006. of Students 4 persons Teacher: Dr. Tassana Choowattanapakorn
More informationArizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION
Arizona State Senate Issue Paper June 22, 2010 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the
More informationRICHARD D. FIORUCCI, ET AL. OPINION BY v. Record No. 131869 JUSTICE ELIZABETH A. McCLANAHAN OCTOBER 31, 2014 STEPHEN CHINN
PRESENT: All the Justices RICHARD D. FIORUCCI, ET AL. OPINION BY v. Record No. 131869 JUSTICE ELIZABETH A. McCLANAHAN OCTOBER 31, 2014 STEPHEN CHINN FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA James
More informationNURSING HOME LITIGATION: PLAINTIFF'S PERSPECTIVE. Benjamin E. Baker, Jr. THE LAW OF THE CASE
NURSING HOME LITIGATION: PLAINTIFF'S PERSPECTIVE Benjamin E. Baker, Jr. THE LAW OF THE CASE a. Alabama Medical Liability Act In recent years, nursing home neglect and death cases have been on the rise.
More informationMedical Surgical Nursing (Elsevier)
1 of 6 I. The Musculoskeletal System Medical Surgical Nursing (Elsevier) 1. Med/Surg: Musculoskeletal System: The Comprehensive Health History 2. Med/Surg: Musculoskeletal System: A Nursing Approach to
More informationThe opening statement is a most important part of trying a lawsuit. Many lawyers do not
OPENING STATEMENTS Introduction The opening statement is a most important part of trying a lawsuit. Many lawyers do not treat the opening statement with the importance it deserves. Many opening statements
More informationLaska FINAL 4/17/07 2:04 PM Page 7
Laska FINAL 4/17/07 2:04 PM Page 7 C O N T E N T S I N T R O D U C T I O N 13 C H A P T E R 1 How To Know Really Know If You Have A Winnable Malpractice Case A Six Critical Questions You Must Answer Correctly
More informationAttorneys at Law. Telephone: (312) 262 6700 Facsimile: (312) 262 6710. 30 N LaSalle Street Suite 1524 Chicago, IL 60602. www.mossingnavarrelaw.
30 N LaSalle Street Suite 1524 Chicago, IL 60602 Telephone: (312) 262 6700 Facsimile: (312) 262 6710 Attorneys at Law THE FIRM With over 40 years of combined litigation experience, Adria Mossing and Jim
More informationSUPREME COURT OF MISSOURI en banc
SUPREME COURT OF MISSOURI en banc KENNETH SUNDERMEYER, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE FOR ELVA ELIZABETH SUNDERMEYER, DECEASED, Appellant, v. SC89318 SSM REGIONAL HEALTH SERVICES D/B/A VILLA
More informationWhat the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle
What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,
More informationQuality Measures for Long-stay Residents Percent of residents whose need for help with daily activities has increased.
Quality Measures for Long-stay Residents Percent of residents whose need for help with daily activities has increased. This graph shows the percent of residents whose need for help doing basic daily tasks
More informationi n s e r v i c e Resident Rights
i n s e r v i c e Resident Rights The term resident rights refers to legislation that protects nursing home residents and provides for certain freedoms. Resident rights are extremely important and are
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION PHYLLIS BROWN v. AUGUST TERM, 1997 NO. 0787 ALBERT EINSTEIN MEDICAL CENTER, and GUY HEWLETT, M.D. ------------------------------------------------------------------------------------------------------------------
More informationNursing Home Defendant
The Current Climate For Today s Nursing Home Defendant by Jury awards $20 million in negligence suit against nursing home. Largest verdict in County history, $21.5 million, returned against nursing home.
More informationHandling the Medical Malpractice Case in Arizona
Handling the Medical Malpractice Case in Arizona National Business Institute June 21, 2013 Heather A. Neal One North Central Avenue Suite 900 Phoenix, Arizona 85004 Telephone: (602) 307-9900 Fax: (602)
More informationS t e v e n M. L e v i n a n d J o r d a n S. P o w e l l
When it comes to proving violations of the safety rules and the resulting harm to nursing home residents, you need to know the right questions to ask the defense witnesses, as well as how to dissect common
More information2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order
More informationLaw and Motion Calendar Department Nine (10:00 a.m.) December 4, 2015. (2) Defendant Cheema s Motion to Strike Portions of 2 nd Amended Complaint.
1. GOODIS v. THE PINES AT PLACERVILLE PC-20140319 (1) Defendant Cheema s Demurrer to 2 nd Amended Complaint. (2) Defendant Cheema s Motion to Strike Portions of 2 nd Amended Complaint. (3) Defendant Ang
More informationYour Future by Design
Retirement Research Series Your Future by Design Health, money, retirement: The different needs of men and women This research report is one of several reports in the Your Future by Design Retirement Research
More informationCourtesy of RosenfeldInjuryLawyers.com (888) 424-5757 1
Jury Instructions When you retire to the jury room you will first select a foreperson. He or she will preside during your deliberations. Your verdict must be unanimous. Forms of verdicts are supplied with
More informationPresent: Weisberger, C.J., Lederberg, Bourcier, and Flanders, JJ. O P I N I O N
Supreme Court No. 99-556-Appeal. (WC 97-56) Irene L. Kenny v. Barry Wepman, M.D. Present Weisberger, C.J., Lederberg, Bourcier, and Flanders, JJ. O P I N I O N PER CURIAM. The defendant, Barry Wepman,
More informationWheeler v. Mid-Vt. ENT, P.C., No. 657-8-08 Rdcv (Cohen, J., Mar. 9, 2009)
Wheeler v. Mid-Vt. ENT, P.C., No. 657-8-08 Rdcv (Cohen, J., Mar. 9, 2009) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text
More informationDOMESTIC VIOLENCE Guidelines on Police Response Procedures in Domestic Violence Cases
DOMESTIC VIOLENCE Guidelines on Police Response Procedures in Domestic Violence Cases Issued October 1991 Revised November 1994 Introduction. These general guidelines consolidate the police response procedures
More informationOPINION Richard B. Klein DATE: June 14, 2001. Plaintiff, Patricia Daniels, filed this lawsuit on behalf of
PATRICIA DANIELS, p/n/g of : PHILADELPHIA COUNTY RODERICK STERLING, a minor : COURT OF COMMON PLEAS : TRIAL DIVISION v. : June Term, 1996 : HOSPITAL OF PHILADELPHIA : NO. 2450 COLLEGE OF OSTEOPATHIC :
More informationMemorandum. Trial Counsel in Medical Malpractice Cases. John E. Wetsel, Jr., Judge. From: Date: December 11, 2012. Sample Instructions.
Memorandum To: From: Trial Counsel in Medical Malpractice Cases John E. Wetsel, Jr., Judge Date: December 11, 2012 Subject: Sample Instructions ============================== Here is a complete set of
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned On Briefs May 17, 2010
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned On Briefs May 17, 2010 CHRISTINE GREENWOOD v. KIRBY FAMILY DENTISTRY, P.C., ET AL. Direct Appeal from the Circuit Court for Shelby County No. CT-001306-08
More informationLESSON OVERVIEW. Objectives: By the end of the lesson, the Lay Health Worker will be able to:
Objectives: LESSON OVERVIEW By the end of the lesson, the Lay Health Worker will be able to: 1. Describe what arthritis is in general terms. 2. Identify common myths and beliefs about arthritis that may
More informationUser Name: DOREEN LUNDRIGAN Date and Time: 11/11/2013 2:02 PM EST Job Number: 6148476 Document(1) 1. Kapsch v. Stowers, 209 Ga. App.
User Name: Date and Time: 11/11/2013 2:02 PM EST Job Number: 6148476 Document(1) 1. Kapsch v. Stowers, 209 Ga. App. 767 Client/matter: -None- About LexisNexis Privacy Policy Terms& Conditions Copyright
More informationLearning Resource Guide. Understanding Incontinence. 2000 Prism Innovations, Inc. All Rights Reserved
Learning Resource Guide Understanding Incontinence 2000 Prism Innovations, Inc. All Rights Reserved ElderCare Online s Learning Resource Guide Understanding Incontinence Table of Contents Introduction
More informationMODEL JURY SELECTION QUESTIONS
MODEL JURY SELECTION QUESTIONS Standard Jury Voir Dire Civil [] 1. In order to be qualified under New Jersey law to serve on a jury, a person must have certain qualifying characteristics. A juror must
More informationDetermining Whether Medical Causation Is Established
Determining Whether Medical Causation Is Established February 2010 By H. Thomas Watson Using Statistical Analysis To prove medical malpractice liability, the plaintiff must establish through competent
More informationAdopted: April 26, 2005 by Donald Bryan, Acting Commissioner, Department of Banking and Insurance.
INSURANCE DEPARTMENT OF BANKING AND INSURANCE DIVISION OF INSURANCE Medical Malpractice Insurance- Prohibited Premium Increase Adopted New Rules: N.J.A.C. 11:27-5 Proposed: November 1, 2004 at 36 N.J.R.
More information****************************************************** The officially released date that appears near the beginning of each opinion is the date the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationTHE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
More informationWoodruff L. Carroll, for appellant. Mark L. Dunn, for respondents. Plaintiff Marguerite James commenced this medical
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
More informationNURSING HOME CARE ACT INTRODUCTION. The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over
NURSING HOME CARE ACT INTRODUCTION The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over reports of inadequate, improper and degrading treatment of patients in nursing homes.
More informationBio-Identical Hormone FAQ s
Bio-Identical Hormone FAQ s What are bio-identical hormones? They are derived from a natural plant source and professionally compounded to be biologically identical to human form of estradiol and testosterone.
More informationOSTEOPATHIC CARE OF CHILDREN
OSTEOPATHIC CARE OF CHILDREN OSTEOPATHIC HEALTHCARE OF MAINE OSTEOPATHIC CARE OF CHILDREN Donald V. Hankinson, D.O. Childhood is a time when the potential for mental, physical and spiritual growth is profound.
More informationOsteoarthritis and osteoporosis
Osteoarthritis and osteoporosis What is osteoporosis? Osteoporosis occurs when the struts which make up the mesh-like structure within bones become thin causing them to become fragile and break easily,
More informationCardio-Pulmonary Resuscitation (CPR): A Decision Aid For. KGH Patients And Their Families
Cardio-Pulmonary Resuscitation (CPR): A Decision Aid For KGH Patients And Their Families The goal of this pamphlet is to provide information about cardiopulmonary resuscitation (CPR) so you can be adequately
More informationINTRODUCTION TO HANDLING A NURSING HOME ABUSE CASE
INTRODUCTION TO HANDLING A NURSING HOME ABUSE CASE By Daniel Flanzig, Esq. Flanzig and Flanzig, LLP 323 Willis Avenue Mineola, NY 11501 (516) 741-8222 www.nyelderabuse.com www.flanziglaw.com Presented
More informationGLOSSARY OF SELECTED LEGAL TERMS
GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A
More informationTesting the Comparative Negligence Affirmative Defense
Testing the Comparative Negligence Affirmative Defense Copyright 2001, Defense Research Institute, Inc. First published in the December 2001 issue of For The Defense by Aaron Abbott, Ph.D. and Gus von
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Filed 4/23/14; pub. order 5/20/14 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT GREGORY WORSHAM, Plaintiff and Appellant, H037749 & H037838 (Santa Clara County
More informationOpening Statements: Applying Rules of the Road to Employment Cases. John A. Beranbaum
NELA/NY Fall 2014 Conference Opening Statements: Applying Rules of the Road to Employment Cases John A. Beranbaum The book, Rules of the Road: A Plaintiff Lawyer s Guide to Proving Liability (2d Ed. 2010),
More informationMitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False
Mitigating Legal and Ethical Risks Patrick O Rourke, JD Julie Altmix, RN, BSN University of Colorado Denver School of Medicine Conflict of Interest We have no conflicts of interest, commercial or otherwise,
More informationNo. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
SECOND DIVISION May 31, 2011 No. 1-10-0602 Notice: This order was filed under Illinois Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under
More informationSETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE
SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE These instructions will be in three parts: first, general rules that define and control your duties
More informationACKNOWLEDGEMENT OF RECEIPT OF WESTERN DENTAL S NOTICE OF PRIVACY PRACTICE
ACKNOWLEDGEMENT OF RECEIPT OF WESTERN DENTAL S NOTICE OF PRIVACY PRACTICE By signing this document, I acknowledge that I have received a copy of Western Dental s Joint Notice of Privacy Practices. Name
More informationMINIMUM STANDARDS FOR CERTIFIED NURSE AIDS
MINIMUM STANDARDS FOR CERTIFIED NURSE AIDS Title 15: Mississippi State Department of Health Part 3: Office of Health Protection Subpart 1: Health Facilities Licensure and Certification Post Office Box
More informationBEFORE THE IOWA BOARD OF NURSING HOME ADMINISTRATORS
BEFORE THE IOWA BOARD OF NURSING HOME ADMINISTRATORS IN THE MATTER OF ) NO. 11-001 ) Cynthia Gentz, ) ) NOTICE OF HEARING Respondent. ) AND STATEMENT OF CHARGES COMES NOW the Iowa Board of Nursing Home
More informationISSUES INVOLVED IN TAKING TRIAL. Navan Ward Jr. Navan.Ward@beasleyallen.com 18 th Annual Spring Retreat & Seminar
ISSUES INVOLVED IN TAKING A NURSING HOME CASE TO TRIAL Navan Ward Jr. Navan.Ward@beasleyallen.com 18 th Annual Spring Retreat & Seminar Federal & State Regulations Federal Regs the Omnibus Budget Reconciliation
More informationPROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE
PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE ) - \ These materials were prepared by Jeffrey Scott of.jeffreyd. Scott Legal Professional Corporation,. Regina, Saskatch13wan for the
More informationAppendix 5C Training Memo Use of Expert Witnesses in Domestic Violence Cases 1
Appendix 5C Training Memo Use of Expert Witnesses in Domestic Violence Cases 1 Introduction The widespread myths surrounding domestic violence lead to a focus on the behavior of the victim rather than
More informationPersonal Injury Law: Minnesota Medical Malpractice
Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct
More informationCoping With Stress and Anxiety
Coping With Stress and Anxiety Stress and anxiety are the fight-and-flight instincts that are your body s way of responding to emergencies. An intruder crawling through your bedroom window in the dark
More informationMedical Malpractice Litigation. What to Expect as a Defendant
Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.
More informationTHE TRIAL OF A LEGAL MALPRACTICE CASE: SELECTED PRACTICAL ISSUES BY: DAVID C. PISHKO ELLIOT PISHKO MORGAN, P.A. WINSTON-SALEM, NC
THE TRIAL OF A LEGAL MALPRACTICE CASE: SELECTED PRACTICAL ISSUES BY: DAVID C. PISHKO ELLIOT PISHKO MORGAN, P.A. WINSTON-SALEM, NC The trial of a legal malpractice action raises several practical issues
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division
PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STEVE OTTO, et al. : CIVIL ACTION : v. : : COMMERCE STREET : NO. 12-2472 CAPITAL, et al. : MEMORANDUM ORDER AND NOW, this 29th
More informationAn action brought against an attorney alleging negligence in the practice of
5.51 LEGAL MALPRACTICE (Approved 6/79) CHARGE 5.51A Page 1 of 9 A. General Duty Owing An action brought against an attorney alleging negligence in the practice of law is referred to as a malpractice action.
More informationLOSS OF BLADDER CONTROL IS TREATABLE TAKE CONTROL AND RESTORE YOUR LIFESTYLE
LOSS OF BLADDER CONTROL IS TREATABLE TAKE CONTROL AND RESTORE YOUR LIFESTYLE TALKING ABOUT STRESS INCONTINENCE (SUI) Millions of women suffer from stress incontinence (SUI). This condition results in accidental
More information1 WCAT # 2007-134-AD CLAIM HISTORY AND APPEAL PROCEEDINGS:
1 CLAIM HISTORY AND APPEAL PROCEEDINGS: This is an appeal from a January 9, 2007 Hearing Officer supplementary decision. The Hearing Officer determined that the Appellant (the surviving spouse of the Deceased
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS DORETHA RAMSEY JACKSON, Plaintiff-Appellee, UNPUBLISHED September 12, 2006 v No. 262466 Wayne Circuit Court HARPER HOSPITAL, LC No. 04-402087-NI Defendant-Appellant.
More informationCOURT S INSTRUCTIONS TO THE JURY (CIVIL) SEXUAL HARASSMENT. I will now explain to you the rules of law that you must follow and apply in
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA KEYBOARD()DIVISION KEYBOARD(), Plaintiff, v. KEYBOARD(), Defendants. ] ] ] ] ] ] ] ] ] CV Members of the Jury: COURT S INSTRUCTIONS
More informationMeeting the Needs of Aging Persons. Aging in Individuals with a
Meeting the Needs of Aging Persons with Developmental Disabilities Cross Network Collaboration for Florida Aging in Individuals with a Developmental Disability Module 3 Based on ADRC training developed
More informationColorado High School Mock Trial Program
Colorado High School Mock Trial Program SUGGESTIONS FOR STUDENT ATTORNEYS This outline offers various hints to help students prepare to be attorneys on the mock trial teams. Included are tips and techniques
More informationSequence of Evidence and Witnesses in a Traumatic Brain Injury Case
Sequence of Evidence and Witnesses in a Traumatic Brain Injury Case Sequence of Evidence and Witnesses in a Traumatic Brain Injury Case Who's on First? Princeton, New Jersey Trial Diplomacy Journal, Vol.
More informationREPLY TO OPPOSITION TO PETITION FOR A WRIT OF CERTIORARI
No. 14-182 In the Supreme Court of the United States DANIEL T. IRISH, vs. Petitioner, BURL CAIN, Warden, Louisiana State Penitentiary, ON PETITION FOR A WRIT OF CERTIORARI TO THE LOUISIANA SUPREME COURT
More informationtrial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations.
RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall
More informationATTORNEY HELP CENTER: MEDICAL MALPRACTICE
ATTORNEY HELP CENTER: MEDICAL MALPRACTICE The healthcare industry has exploded over the last thirty years. Combined with an increasing elderly population, thanks to the Baby Boomer generation, the general
More informationHow To Fill Out A Health Declaration
The English translation has no legal force and is provided to the customer for convenience only. The Dutch health declaration should be filled in. Health declaration for occupational disability insurance
More informationEXAMINATION CIVIL PROCEDURE II -- LAW 6213. Section 13 -- Siegel. Spring 2014 INSTRUCTIONS
GWid: EXAMINATION CIVIL PROCEDURE II -- LAW 6213 Section 13 -- Siegel Spring 2014 INSTRUCTIONS 1. This is an open book examination. You may use any written materials that you have brought with you (including
More informationDISTRICT COURT OF GUAM
DISTRICT COURT OF GUAM UNITED STATES OF AMERICA, Plaintiff, CRIMINAL CASE NO. 1-0000 1 RODNEY M. KIDD, vs. ORDER AND DECISION RE MOTION FOR JUDGMENT OF ACQUITTAL UNDER RULE (c) 1 Defendant. 1 1 1 0 1 Before
More informationLitigating the Products Liability Case: Discovery
www.goldbergsegalla.com NEW YORK PENNSYLVANIA CONNECTICUT NEW JERSEY UNITED KINGDOM Litigating the Products Liability Case: Discovery New York State Bar Association Buffalo, NY October 22, 2013 Presenter
More informationINVESTIGATIONS GONE WILD: Potential Claims By Employees
INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA VINCENT MCCALLA, SR. and : CIVIL ACTION REBECCA E. MCCALLA : : v. : : NUSIGHT VISION CENTERS : NO. 02-CV-7364 OF PENNSYLVANIA,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2
More informationCivil Suits: The Process
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationNORTH CAROLINA GENERAL STATUTES JURY SELECTION
JURY SELECTION RESOURCES FOR JUDGES Judge s Survival Guide: Criminal Jury Selection, Standard Remarks to Jurors, Judge s Survival Guide: Civil Jury Selection, Standard Remarks to Jurors School of Government
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA v. CRIMINAL ACTION H-00-0000 DEFENDANT(S) JURY INSTRUCTIONS I. General A. Introduction Members of the Jury:
More informationTHERAPEUTIC USE OF HEAT AND COLD
THERAPEUTIC USE OF HEAT AND COLD INTRODUCTION Heat and cold are simple and very effective therapeutic tools. They can be used locally or over the whole body, and the proper application of heat and cold
More informationChapter 4 Crimes (Review)
Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.
More informationHow To Treat An Elderly Patient
1. Introduction/ Getting to know our Seniors a. Identify common concepts and key terms used when discussing geriatrics b. Distinguish between different venues of senior residence c. Advocate the necessity
More informationAnimal Systems: The Musculoskeletal System
Animal Systems: The Musculoskeletal System Tissues, Organs, and Systems of Living Things Cells, Cell Division, and Animal Systems and Plant Systems Cell Specialization Human Systems The Digestive The Circulatory
More informationOBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES
NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES LORI FLUEGEL ASSISTANT PROSECUTING ATTORNEY JACKSON COUNTY OBJECTIVES UNDERSTANDING OF THE CRIMINAL AND CIVIL PROCESS OF CHILD
More informationSTEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.
STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.
More informationTitle 17-A: MAINE CRIMINAL CODE
Title 17-A: MAINE CRIMINAL CODE Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES Table of Contents Part 1. GENERAL PRINCIPLES... Section 31. VOLUNTARY CONDUCT (REPEALED)... 3 Section 32. ELEMENTS OF CRIMES
More informationPATIENT HISTORY FORM
PATIENT HISTORY FORM If you are new to the office, have not been seen in over one (1) year, or are returning for a new problem, please complete this form in full. If there have been any changes since your
More information