Gugenheim Law News

Who is Liable and Can You Sue When a Nursing Home Resident Abuses Another Resident?

August 19, 2022

Many of us are instinctively trained to look out and make sure that our loved ones who may be in nursing homes are being treated safely by nursing home staff, and that nursing home staff and doctors are being attentive to our loved ones’ needs. What many of us don’t think about when it comes […]

Read More

How Can You Tell If Your Loved One Is Being Abused Or Neglected In A Nursing Home?

July 23, 2022

If you have a loved one that is in a nursing home, and you want to know if the patient is being taken care of, attended to, and having his or her needs met, you may think that you can just ask him or her.  For some patients, that may be true. But many nursing […]

Read More

Decubitus Ulcers or Bed Sores: What Are They, and How do They Happen?

June 23, 2022

If you have a loved one in a nursing home, there are a lot of things that you may be concerned about. Many of those things involve an action or an activity. For example, you may be concerned about abuse, or malpractice, or that your loved one will be allowed to get out of bed […]

Read More

PARTY WHO BALKED AT SETTLING NOT ON THE HOOK FOR FEES by Guy Loranger, Staff Writer

March 1, 2010

An Alamance County court had no basis to award attorney fees to the defendants in a nursing-home negligence case in which the plaintiff changed her mind and refused to sign a settlement contract after an agreement had been reached, the Court of Appeals has ruled in an unpublished opinion. Judge Abraham Jones awarded the $1,678.50 […]

Read More

PATIENT DIED AFTER BED-RAIL ENTRAPMENT

October 26, 2009

The patient, a 61-year-old suffering from Alzheimer\’s disease, was admitted to an adult-care home in June 2007. In September 2007, hospice began to assist with the patient\’s care. The patient had a history of falls, including multiple falls from bed. Hospice ordered a hospital bed with half-length side rails from a medical supply company, which […]

Read More

RULE 9(J) EXTENSION SAVES PLAINTIFF\’S CLAIM By GUY LORANGER, Staff Writer

May 11, 2009

Because the plaintiff asked prior to the expiration of the statute of limitations period for an extension to find an expert who would certify his medical malpractice complaint, a Hertford County court should not have dismissed his lawsuit, the Court of Appeals has ruled. Under civil procedure Rule 9(j), a medmal plaintiff is required to […]

Read More

NURSING HOME NEGLIGENCE CLAIM SETTLES FOR $525,000

November 3, 2008

The patient was a 90-year-old long-time resident of the defendant-nursing home with a history of stroke, constipation and urinary tract infections and other conditions, including right-sided paralysis. She was dependent on the nursing home staff for transfers and toileting and needed assistance with eating and drinking. On Dec. 15, 2005, the patient was noted to […]

Read More

DECEASED RESIDENT\’S ESTATE SETTLES WITH CARE HOME, COUNTY

December 17, 2007

Type of action: Wrongful death Family care home Injuries alleged: Pressure sores, sepsis Case name: Gibbs v. Primrose Villa Inc., et al. Case number: 07 CVS 79 Court: Harnett County Superior Court Verdict or settlement: Settlement (mediation) Settlement date: December 2007 Amount: $638,000 Special damages: Medical expenses and funeral expenses Plaintiff\’s experts: Wells Edmundson, M.D., […]

Read More

ESTATE SETTLES WITH HOSPITAL OVER DEATH OF 72-YEAR-OLD PATIENT IN FALL FROM BED

December 10, 2007

Type of action: Wrongful death Hospital fall Injuries alleged: Subdural hematoma Case name: Confidential Case number: Confidential Court: Confidential Verdict or settlement: Settlement (mediation) Settlement date: October 2007 Amount: $500,000 Plaintiff\’s experts: Frances Eason, Ph.D., nursing; Carol White, RN. Plaintiff\’s attorney: Steve Gugenheim of Gugenheim Law, Raleigh Submitted by: Steve Gugenheim The patient, a 72-year-old […]

Read More

NURSING HOME MUST TURN OVER INCIDENT REPORTS. COURT RULES PEER REVIEW PRIVILEGE DID NOT APPLY By Michael Dayton

February 26, 2007

A Lake Waccamaw nursing home must turn over three incident reports related to the alleged wrongful death of a former patient, the Appeals Court ruled Feb. 20. The appeals panel rejected arguments that the documents were shielded by the peer review privilege of G.S. Sect. 131E-107. That statute, which applies to nursing homes, restricts discovery […]

Read More

Tell Us About Your Case