Litigation

Michael B. Kornhauser

Understanding the Basics of a Florida Department of Health Investigation of a Nursing Home Employee

A blog discussing the mechanics of a Florida Department of Health Investigation implicating one or more nursing facility staff members.

Michael B. Kornhauser

"Worse Than Speculation": Fuerst Ittleman David & Joseph Wins 3d DCA Nursing Home Appeal

On January 17, 2018, the Third District Court of Appeal affirmed the lower court’s decision to overturn a $6,100.00 jury verdict in favor...

Michael B. Kornhauser

DCF Just Walked In: What to Expect and How to Handle it

An unannounced visit from an investigator with the Florida Department of Children and Families (“DCF”), Adult Protective Services (“APS”)...

Michael B. Kornhauser

Can I Be Sued for Nursing Home Negligence? A Look at Florida Statute § 400.023

In June of 2014, the Governor approved new legislation, revamping certain aspects of Chapter 400. Among those revisions were changes to...

Michael B. Kornhauser

Limiting a Plaintiff’s Use of Nursing Home Policies and Procedures to Establish Negligence at Trial

In just about every nursing home negligence lawsuit, the Plaintiff will inevitably request a copy of the nursing home’s policies and...

Michael B. Kornhauser

Who's Responding to Your Nursing Home Records Requests?

Nursing home records requests are a common occurrence in skilled nursing facilities. Many times, a nursing home records request is the...

Michael B. Kornhauser

Florida Nursing Home Discharge Hearings: What You Need to Know

Why Now? On December 22, 2017, the Centers for Medicare & Medicaid Services ("CMS") issued a memorandum titled, "An Initiative to Address...

Michael B. Kornhauser

Arbitration Clauses in Nursing Home Admission Agreements: Where We Stand

On May 15, 2017, the Supreme Court of the United States issued a significant ruling addressing the use of arbitration clauses in nursing...