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Nashville, Tennessee

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George Fusner

Tennessee’s’ “Kill Old People Cheap Act” Defeated For This Year

This morning the Tennessean reported that the bill pending in the legislature to cap damages for nursing home negligence failed in subcommittee last might. Amen. Why should a particular industry get…

Rob McKinney

Most Nursing Homes Violate Federal Standards

More than 90 percent of U.S. nursing homes were cited for violating federal standards. The Inspector General of the Health and Human Services Department reports that for profit nursing homes have…

Rob McKinney

The Bryan Funeral Home and Vicarious Responsibility

I posted on a recent decision from the Tennessee Court of Appeals on the mishandling of a corpse and it has sparked several comments on the blog. Therefore , I thought I would follow up with…

Rob McKinney

Big Business Controls Justice in Tennessee

Big Business has taken over the court system. First , the nursing home industry is pushing for damage caps on nursing home lawsuits. The nursing home groups want to put a $ 500,000 monetary cap on nursing home lawsuits. This proposal comes when the nursing home care is at an alltime low in terms of quality patient care. Second , the Bush Adminstration is pushing for the appointment of a…

Rob McKinney

Arbitration Agreements Are on The Rise

Arbitration Agreements are the subject of much debate . They are commonly used in nursing home admissions contracts . When you sign the contract , you agree to arbitration if you later have a claim due to nursing home neglect or injuries that occur at the nursing home . Now these agreements are popping up everywhere . Recently my wife needed a new car . Inside the office…

Rob McKinney

Arbitration Clauses in Nursing Home Cases(2)

Winston Churchill once said ” The greatest gift the English people gave America was the right to a trial by jury “. Nursing home operators do not believe in this fundamental right . Nursing homes have been placing arbitration clauses in their contracts which prevents one from suing the nursing home if they are negligent . These arbitration clauses prevent the nursing homes…

Rob McKinney

Arbitration Clauses in Nursing Home Cases

Winston Churchill once said ” The greatest gift the English people gave America was the right to a trial by jury “. Nursing home operators do not believe in this fundamental right . Nursing homes have been placing arbitration clauses in their contracts which prevents one from suing the nursing home if they are negligent . These arbitration clauses prevent the nursing homes…

Rob McKinney

Nursing Home Safety Report

Over 1.5 million people live in one of 16,400 nursing homes during the year . Why is the Federal Government not cracking down on the on the homes that have a history of mistreating patients ? Congress enacted tough laws in 1987 to protect nursing home residents . However , the Department of Health and Human Services has failed to do their job . The New York Times…

Rob McKinney

National HealthCare Corp. Ordered to Pay Millions

A Warren County jury in McMinnville , Tennessee awarded a 4.1 million dollar judgement on February 21 , 2007 againist National HealthCare Corp. The jury awarded the amount based upon a broken hip , bedsores , and other medical problems . One of the key issues in the case appeared to be one of understaffing of employees . Bedsores develop when a patient is not cared for…

Rob McKinney

Bed Rail Safety

Hospital bed safety is a huge concern of mine . Several years ago , I handled a product liabilty case againist Vail Bed Products .Vail ignored the FDA warnings and several children accross the country were trapped in the beds and were killed by mechanical asphyxiation . Due to my client and others accross the country the plant was shut down by U.S. Marshalls. It led me to be on the…