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Scott R. Marshall

TORT DEFORM: Tort Reform and the Absurdity of Caps on Damages

I am a trial lawyer. I know our tort system well. I cannot stand frivolous claims, nor can I stand frivolous defenses. They have no place in our Civil Justice System. I also have no patience for disingenuousness. The assault […]

Andrew D'Arcy

NURSING HOME RAPE EPIDEMIC

The size and structure of aging Americans is changing.  According to the U.S. Census Bureau, the nation will experience considerable growth in its older population as baby boomers continue to enter their golden years.  This growth in elderly individuals is […]

F. Paul Bland, Jr.

Will Congress Give Abusive Nursing Homes a ‘Get Out of Jail Free’ Card?

A group of lawmakers wants to hand the nursing home industry a get-out-of-jail free card, in the form of HR 1215. The bill, which is deceptively titled the “Protecting Access to Care Act of 2017,” would cap the amount of “non-economic” damages a victim could obtain from a nursing home in a lawsuit at just $250,000 per case, no matter how many victims were hurt or how many people (or corporations) are responsible.

Wayne Parsons

Trump, Ryan and King exposed: H. R. 1215 promotes unsafe medicine

  The Bill is H. R. 1215 – and Rep. Steve King (R – IA)) gave it the title “Protecting Access to Health Care Act of 2017″. For starters it is interesting to note that at the same time H. […]

Andrew D'Arcy

NURSING HOMES FAIL TO USE ISOLATION PROCEDURES FOR RESIDENTS INFECTED BY SUPERBUGS

According to the findings of a new research, very few nursing homes follow the recommended isolation precautions for residents with multi-drug resistant infections, which may place other nursing home residents at  risk of the serious and potentially  life-threatening “superbug” infections. […]

Page Graves

2016-2017 No-Fault Year in Review

[Annually, Smith & Johnson, Attorneys, P.C.’s law partner, L. Page Graves, is a featured speaker at the joint State Bar of Michigan’s and Institute of Continuing Legal Education’s Upper Michigan Legal Institute where he reviews and discusses the latest appellate […]

Mark Bello

Wyoming Nursing Home with History of Poor Care Allegations Settles Most Recent Lawsuit

A Casper, Wyoming nursing home that has repeatedly been accused of poor care has settled a lawsuit alleging its staff injured a resident. The lawsuit alleged that a Poplar Living Center van driven by one of the nursing home’s employees […]

Randy Appleton

Elder Abuse Is Under Reported in US, Study Says

A new study by the University of North Carolina found that elder abuse and neglect affects one in 10 elderly adults and has far reaching negative consequences on both mental and physical health. The report noted that victims of elder […]

Tom D'Amore

Nursing Home Arbitration Finally Limited by CMS

Choosing to put a loved one into a care facility, whether that be an around-the-clock nursing home or a semi-independent assisted living facility, is a difficult and emotional process. For some it may be a relief that an aging loved one […]

Mark Bello

Nursing Home Industry Files Lawsuit In An Attempt Keep Preventing Patients From Filing Lawsuits

When big businesses can write their own rules and insulate themselves from being held accountable for wrongdoing, it is hardly impartial, is it? That has been the case with nursing homes where residents were required to sign a binding arbitration […]