Arbitration is a process of resolving complaints without the use of the court system. A person basically signs a document waiving their right to a jury trial, and gets nothing in return. The rules for arbitration are different, the process is confidential, and a mediator decides the case as opposed to a jury. The family pays costs to prosecute a claim they would not have to typically pay in the court system (for example, a plaintiff does not have to pay a judge but does have to pay the arbitrator, which can be expensive). Many nursing home corporations and companies want this forum because it is confidential and there is no jury.
Continue Reading New Law Proposed Making Mandatory Pre-Dispute Arbitration Illegal in Nursing Homes

Because of the length of time it takes to determine the amount and applicability of both Medicaid and Medicare liens, inquiries to these entities should be made as soon as a case is opened.
Continue Reading Potential Liens

Before even considering entering the realm of plaintiff’s malpractice litigation, it is imperative to become intimately familiar with your jurisdiction’s malpractice law, including certificates of merit, affidavits of merit and the like.
Continue Reading Affidavit of Merit

Some jurisdictions, New Jersey being one example, include provisions of the affidavit of merit statute which addresses situations where a defendant fails to produce a medical record, despite a legitimate request which has been made by certified mail.
Continue Reading Provisions Relatnig to Affadavits of Merit

A common problem in the prosecution of nursing negligence claims is an over-emphasis on liability (i.e. the conduct of nursing staff) which an under-emphasis on the issues of causation.
Continue Reading Liability in Negligence Claims

Be alert to the possibility that critical documentation concerning the liability issue may not be found in nursing notes.
Continue Reading Critical Documentation

In addition to state records, check to see if the facility involved is a Join Commission accredited facility. If so, the Joint Commission will have surveys available to identify potential systemic problems at such a facility.
Continue Reading Joint Commission Accredited Facilities