Arbitration: Enforceability of Agreement to Arbitrate in Skilled Nursing Home Contract Heaphy v. Willow Canyon Healthcare, Inc, No. 2 CA-CV 2020-0113 (App. Div. II, May 18, 2021) (J. Espinosa) https://www.appeals2.az.gov/decisions/CV20200113Opinionwithcoverpagecorrection.pdf HEALTHCARE POWER OF...
Schmidt, Sethi & Akmajian Blog
Sapphire of Tucson Nursing & Rehab at the Center of Tucson's COVID 19 Cases
A skilled nursing center adjacent to Banner Kino Hospital and the Kino Sports Complex has become Tucson's Ground Zero for novel corona virus cases. Sapphire of Tucson Nursing & Rehab is a 240 bed facility that provides nursing care and rehabilitation services to patients. On March 30, 2020 n...
Call 911 To Get Your Family Member Out Of A Neglectful Nursing Home Before It Is Too Late
Often family members feel helpless when they watch their loved one in a nursing home get worse, because they are not getting the care they need. Anyone, at anytime, can call 911 to have their family member transported to a hospital to get the care they need.
Evidence: Rebuttal Expert Witnesses—One Expert Per Issue/Cumulative
Nevens v. AZHH, LLC, 766 Ariz. Adv. Rep. 19 (App. Div. I, May 30, 2017) (J. Downie) REBUTTAL EXPERT ADDRESSING CAUSATION ISSUE NOT ADDRESSED IN CASE IN CHIEF ALLOWED/LOSS OF CONSORTIUM OF PARENT DOESN'T REQUIRE CATASTROPHIC INJURY Plaintiff sued the Arizona Heart Hospital [AZHH] as a vulnerab...
Torts: Unconscionability of Arbitration Clause in Nursing Home Contract
Gullett v. Kindred Nursing Centers West, LLC, 758 Ariz. Adv. Rep. 12 (App. Div. II, February 15, 2017) (J. Staring) AGREEMENT TO ARBITRATE NOT SUBSTANTIVELY UNCONSCIONABLE WHERE REASONABLE THOUGH LIMITED DISCOVERY ALLOWED AND WHERE BOTH PARTY'S ARE ALLOWED INPUT ON WHO WILL ARBITRATE; LIMITED DI...
Federal Government Bars Arbitration Clauses for Certain Nursing Homes
The federal government has passed a new rule barring arbitration clauses for any nursing homes that accept federal funding. Though this rule is likely to be challenged in court, this is a huge victory for nursing home patients and their families. Companies in all industries have taken advantage ...
Torts/Agency: Enforceability of Agreement to Arbitrate in Nursing Home Contract
Escareno v. Kindred Nursing Centers West, LLC, 731 Ariz. Adv. Rep. 41 (App. Div. II, January 26, 2016) (J. Vasquez) TO ESTABLISH AGENCY IT MUST BE PROVEN THE PRINCIPAL HAS MANIFEST ASSENT TO THE EXISTENCE OF AGENCY RELATIONSHIP Plaintiff's decedent mother died in defendant's nursing home. When...
What is Elder Abuse and What Can I Do About it?
Elder Abuse is when intentional or negligent actions by an entrusted caregiver cause harm or create a serious risk of harm to a vulnerable adult. The caregiver may fail to satisfy the vulnerable adult's basic needs or fail to protect them from harm. Elder abuse can be physical or emotional and of...
Thousands of Nursing Homes Flunk Medicare Rating Test
Roughly 22% (about 3,500) of the nation's 16,000 nursing homes received the lowest possible rating from Medicare's new five-star rating system. This means that hundreds of thousands of our parents and grandparents are staying in nursing homes that are simply not up to standards, and may be unsafe...