Unfortunately, most courts around the country have enforced nursing home agreements executed by residents agreeing to forgo civil claims in favor of arbitration for negligence claims. The game changes in wrongful death cases. Usually this is for a very simple reason: the parties have changed. Courts in Maryland and other…
The Fifth Circuit U.S. Court of Appeals affirmed the dismissal of nursing home abuse neglect claim because the plaintiff failed to provide 60 days’ notice of the intention to file a medical malpractice action against a health care provider as required under Mississippi Code Section 15-1-36(15). This statute requires Mississippi…
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