Lawyer Resources for Nebraska

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Law Firm Represents Injured Victims of Good Samaritan Society – Alliance

The Centers for Medicare and Medicaid Services (CMS) and the state of Nebraska routinely conduct investigations and surveys at every nursing facility statewide. Their efforts help identify serious concerns, violations and deficiencies occurring inside the nursing home that affect the health and well-being of the residents. In some incidents, the surveyors will issue one or more citations and call for prompt corrective action.

At some locations, the underlying problems of the nursing facility that led to the discrepancies make it extremely difficult to ensure that any improvement made at the Home remains permanent. In the most deplorable cases, the nursing home will be placed on a national watchlist and designated a Special Focus Facility (SFF). This special designation will result in numerous additional surveys, investigations, and inspections throughout the year to determine if the nursing home has made any significant improvement to the level of care they provide.

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The son of a deceased nursing home patient blames ‘under-staffing’ as the primary reason why his mother fell and subsequently developed pressure ulcers.  Gary Brown filed a lawsuit against a county operated nursing home in Nebraska on behalf of his deceased mother’s estate.

In addition to under-staffing, the lawsuit alleges the facility allowed his mother to develop pressure ulcers (also referred to as pressure sores, decubitus ulcers or bed sores) during her recovery from a fall at the facility. Despite the fact that the pressure ulcers progressed and became infected, the facility also allegedly failed to notify the woman’s personal physician.  Lastly, it is claimed that the pressure sores contributed to the patient’s death.

Read more about this lawsuit due to development of pressure ulcers here.

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Picture-410On October 16th, the Nebraska Supreme Court ruled that an arbitration agreement between a nursing home and one of its residents was invalid because the resident’s son did not have the authority to sign a voluntary arbitration agreement on her behalf.

Frank Koricic lived with his elderly mother, Manda Baker, and assisted her in her activities of daily living.  Ms. Baker was originally from Croatia and had limited ability to read, speak, or understand English.  Because of a decline in health, Ms. Baker was admitted to the Beverly Hallmark nursing home (now doing business as Beverly Enterprises) in Omaha, Nebraska.

Upon admission, her son, Frank, signed several documents on her behalf, including an optional arbitration agreement (“Resident and Facility Arbitration Agreement”).  This arbitration agreement was not a condition of admission and provided that all claims or disputes arising out of any services or health care provided by the nursing home facility would be resolved exclusively by binding arbitration.

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