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The state supreme court of appeals had allowed the family members of three nursing home patients who had died to sue the nursing homes for negligence. In doing so, it upheld a West Virginia state law prohibiting pre-dispute agreements that mandate arbitration of personal-injury or wrongful-death claims against nursing homes.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
However, unlike other tort cases, many states require that a plaintiff take specific steps before a medical malpractice lawsuit can be filed, such as providing the defendant with advance notice of intent to sue, obtaining and filing with the court a certificate of merit from a qualified medical expert who attests to the validity of the ...
A man who once ran more than 100 nursing homes from an office over a New Jersey pizzeria has pleaded guilty in connection with what federal prosecutors called a $38 million payroll tax fraud scheme.
In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
Stinney, a 14-year-old African-American, was convicted of the first-degree murder of two pre-teen white girls: Betty June Binnicker (11) and Mary Emma Thames (8). No physical evidence existed in the case, and the sole evidence against Stinney was the circumstantial fact that the girls had spoken with Stinney and his sister shortly before their ...
Patient neglect concerns people in hospitals, in nursing homes, or being cared for in home. Usually in nursing homes or home-assisted living, neglect would consist of patients being left lying in their own urine and/or feces, which could, in turn, possibly attract flesh flies and lead to maggot infestation.