Litigation

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.

"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...

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”)...

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...

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...

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...

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...

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...