Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Tag Archives: nursing home cases

Nursing Home Arbitration Banned: What’s the Impact for Mississippi Litigation?

Posted in General, Tort Reform
The New York Times announced last night that the federal government is banning arbitration clauses in nursing homes that receive Medicare and Medicaid funding, which is pretty much all of them. It’s nice to see that the nursing home industry isn’t happy, since they are lying about arbitration: The nursing home industry has said that… Continue Reading

Directed Verdict in Covington County Nursing Home Bench Trial

Posted in Verdicts in Mississippi
On January 14, 2016 Circuit Judge Eddie Bowen granted Defendant’s motion for directed verdict in Ashmore v. Mississippi State Veterans Home. Here is the Order. According to the Order, the case involved an 85 year old double amputee [uh-oh] suffering from multiple medical conditions. The gentlemen allegedly suffered a fractured humerus during a lift transfer… Continue Reading

Another Hinds County Nursing Home Trial — Another Defense Verdict

Posted in Hinds County Circuit Court, Verdicts in Mississippi
As discussed here, two weeks ago a Hinds County jury in Judge Winston Kidd’s courtroom rendered a defense verdict in a nursing home / medical malpractice case. Last week, there was a another trial of a nursing home case in Hinds County, this one in Judge Tommie Green’s courtroom. The result was another defense verdict.… Continue Reading

Defense Verdict in Hinds County Nursing Home/ Med Mal Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Friday a Hinds County jury rendered a defense verdict in a case against Lakeland Nursing and Rehabilitation Center and Dr. David Flemming. Here is the jury’s verdict. I watched the trial for several hours Friday morning while the nursing home was putting on its case. The case involved a 79-year-old woman who died two… Continue Reading

Defense Verdict in Jackson Federal Court Nursing Home Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On October 23 a federal court jury in Jackson rendered a defense verdict in Haymore v. Chadwick Nursing & Rehab. Center. Here is the Court’s memorandum opinion¬†denying SJ, which outlines the case facts. The nursing home resident entered the facility in 2009 at the age of 79 with a history of diabetes, strokes and other… Continue Reading

Defense Verdict in Hinds County Nursing Home Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Thursday a Hinds County Circuit Court jury returned a 12–0 defense verdict in a nursing home negligence case against Lakeland Nursing and Rehabilitation Center, which is in the Tara Cares system. The plaintiff alleged that the nursing home’s negligence resulted in dehydration, fecal impaction and death. The decedent was a resident of Lakeland for… Continue Reading

Nursing Home Lawyer Says Uninsured Mississippi Nursing Homes Can Pay Any Sized Judgment

Posted in Uninsured Mississippi Nursing Homes
The Mississippi Business Journal’s quarterly health care issue contained an article on the unsuccessful efforts in the Mississippi Legislature to pass a bill requiring nursing homes to carry liability insurance. Here is a link to the digital issue. The article starts on page 32. In the article Jackson attorney John Maxey speaks on behalf of the nursing home industry,… Continue Reading

Info. on the $750,000 Verdict in Hinds County Nursing Home Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Saturday a Hinds County jury returned a $750,000 verdict in a nursing home case involving Manhattan Nursing and Rehab. Center in Jackson. All the damages were non-economic damages. The case was a wrongful death case involving Mannie Williams, aged 87. Ms. Williams fell and suffered a fractured pelvis at home. She went to Manhattan for… Continue Reading

Miss. S. Court Affirms Trial Court’s Refusal to Enforce Arbitration Clause in Nursing Home Admissions Agreement

Posted in Mississippi Supreme Court
On Thursday the Mississippi Supreme Court affirmed the Adams County Circuit Court’s Order refusing to enforce an arbitration clause in a nursing home admissions agreement. Here is the Court’s opinion in Adams Community Care Center, LLC v. Reed. The trial judge was Judge Lillie Blackmon Sanders. There were two admissions agreements in the case that… Continue Reading

Identifying Mississippi’s Uninsured Nursing Homes

Posted in Uninsured Mississippi Nursing Homes
As discussed in this post, in March State Senate Insurance Committee Chairman Buck Clarke and the insurance committee killed a bill that would have required Mississippi nursing homes to carry $500,000 in liability insurance coverage. In doing so, Clarke showed that he represents a few rich owners of nursing homes rather than every day Mississippians. Uninsured nursing… Continue Reading

Senator Buck Clarke Sacrifices Vulnerable Adults for Profits of Bad Nursing Homes

Posted in Politics in Mississippi, Uninsured Mississippi Nursing Homes
As discussed in this March 1 post, State Senate Insurance Committee Chairman Buck Clarke killed a bill that would have required Mississippi nursing homes to carry $500,000 in liability insurance coverage. Sid Salter has the story in today’s Clarion-Ledger. Why would Buck Clarke kill a bill that passed in the House with bipartisan support? Salter explains:… Continue Reading

Mississippi Nursing Home Owners Fighting Requirement For Liability Insurance

Posted in Politics in Mississippi, Uninsured Mississippi Nursing Homes
Sid Salter with the Clarion-Ledger penned this story yesterday about the efforts of Mississippi nursing home owners to defeat a bill pending in the legislature that would require nursing homes to carry $500,000 in liability insurance coverage. My understanding is that the bill passed in the House of Representatives. There is a rumor circulating that Senate… Continue Reading

Mississippi Supreme Court rules for Plaintiffs in two nursing home cases

Posted in Mississippi Supreme Court
The Mississippi Supreme Court issued two unanimous opinions today in nursing home cases, both ruling for the plaintiffs. In Estate of Guillotte v. Delta Health Group the Court rejected the nursing home’s argument that summary judgment was appropriate because the plaintiff failed to identify the names of the individual care givers who breached the standard… Continue Reading