Lawyer Resources for Michigan

Attorneys Representing Injured Residents of Chalet of Niles

The state of Michigan and the Centers for Medicare and Medicaid Services (CMS) conduct unannounced surveys and unexpected investigations to identify violations and deficiencies that could or have caused harm to residents. When these deficiencies are identified, the nursing home must adjust policies and make improvements quickly to ensure resident safety is maintained.

In serious cases, the federal and state nursing home regulatory agencies will classify the non-complying nursing home as a Special Focus Facility (SFF). The undesirable designation and placement on the federal watchlist help families identify nursing facilities in their local community that provide substandard care. These Homes can remain on the watch list for many years until regulators are satisfied that the improvements the facility has made will remain permanent.

Injured Law-Den Nursing Home Residents Rights to Obtain Monetary Recovery

The Centers for Medicare and Medicaid Services (CMS) and the state of Michigan conduct routine unannounced surveys and inspections to identify serious deficiencies and health violations of every nursing home statewide. When problems are identified, the state and federal regulators provide the nursing home the opportunity to make prompt adjustments, corrections, and changes to their policies and procedures to improve the level of care they provide the residents.

In some incidences, the nursing facility is dos not make the necessary corrections, due to monetary concerns or serious underlying problems. In response, the nursing home regulators can designate the Home as a Special Focus Facility (SFF) on the Medicare watch list. These facilities must undergo additional surveys and unannounced investigations in response to filed complaints from residents, visitors, and other employees.

nsight On The State Of Nursing Homes The most recent portion of my attempt to get insights on the state of nursing homes comes from Norm DeLisle, the Executive Director of Michigan Disability Rights Coalition.  Norm has an extensive background advocating for seniors in Michigan.  Thanks Norm!

Who are you and what type of work do you do?

My name is Norm DeLisle, and I am the Executive Director of Michigan Disability Rights Coalition. MDRC is a training and policy impact organization. We have collaborated with senior advocates for nearly a decade in advancing nursing home and long term care reform in Michigan.

A Michigan Court has stricken an ‘arbitration clause’ from a pending wrongful death lawsuit against a Michigan nursing home.  In the case of High v. Capital Senior Living Properties, a nursing home resident’s son filed a wrongful death lawsuit against the facility for failing to properly supervise his mother. Among the claims made in the lawsuit, the Plaintiff, Sidney High, claims the facility was negligent in allowing his mother (who had Alzheimer’s) to wander from the facility and freeze to death.

Arbitration Clause in Nursing HomesAfter filing the wrongful death lawsuit, Capital Senior Living filed a motion to dismiss and attempted to force the claims made in the lawsuit to proceed under arbitration.  The facility claimed they were entitled to have any claims made against them in a private, arbitration setting per the terms of their admission documents.

In siding with son of the deceased nursing home resident, the Federal Court reasoned that there were multiple factors that weighed in favor of striking the arbitration clause in the nursing home admission contract.  Among the factors the court looked at in determining the arbitration clauses invalidity was that the clause was never signed by the resident herself and the woman did not have the mental capacity at the time of her admission to reasonably comprehend the significance of the contract.

Criminal charges were dismissed against three employees at Cherrywood Nursing and Living Center in Sterling, Michigan.  The Michigan Court of Appeals dismissed the misdemeanor patient abuse charges that the employees were originally charged with.  The court reasoned that the deceased nursing home resident could not be categorized as a patient because she was dead.  iStock_000006781069XSmall-1

In 2004, the nursing home employees were ordered to get the body of a deceased nursing home resident ready for transport to a funeral home.  The threesome told the corpse to ‘wake up’ and took photographs of each other with the corpse.

The women were fired for their behavior, but alarmingly, the Macomb County Department of Community Health did not revoke their licenses, even though the facility was cited for violation of patient dignity.

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric