Indiana case at Supreme Court

[Marvin the Martian]

A woman is suing Marion County over the treatment her husband received at a nursing home owned by the County. He was given psychotherapy drugs to control him against Medicare rules according to her suit.

Todd Rokita has sided with Marion County saying that only the feds can enforce these rules and private lawsuits are thus not allowed.

The Biden administration is arguing that in nursing home cases, that is true. But that in other lawsuits involving other aspects of laws, lawsuits are permissable.

Most groups are filing briefs arguing the feds simply cannot police everyone everywhere and that lawsuits are critical to compliance. And because a government agency owns the nursing home the government cannot be a fair actor in determining if it is compliant.

As Nursing Home SCOTUS Case Looms, Flood of Briefs Support Plaintiff

A case to determine if state-owned nursing homes are shielded from federal lawsuits – to be heard by the U.S. Supreme Court in November – received more

skillednursingnews.com

 

[mcmurtry66]

A woman is suing Marion County over the treatment her husband received at a nursing home owned by the County. He was given psychotherapy drugs to control him against Medicare rules according to her suit.

Todd Rokita has sided with Marion County saying that only the feds can enforce these rules and private lawsuits are thus not allowed.

The Biden administration is arguing that in nursing home cases, that is true. But that in other lawsuits involving other aspects of laws, lawsuits are permissable.

Most groups are filing briefs arguing the feds simply cannot police everyone everywhere and that lawsuits are critical to compliance. And because a government agency owns the nursing home the government cannot be a fair actor in determining if it is compliant.

As Nursing Home SCOTUS Case Looms, Flood of Briefs Support Plaintiff

A case to determine if state-owned nursing homes are shielded from federal lawsuits – to be heard by the U.S. Supreme Court in November – received more

skillednursingnews.com

Jesus. Reminds me why manufacturing is better. I’m always amazed by and admire lawyers who go through all this shit. What a mess. Federalizing malpractice law that would otherwise be governed by state along with all the attendant shit like caps and fees and the rest. Plaintiff lawyers love suing nursing homes. Hard pass on this one.

 

[mcmurtry66]

A woman is suing Marion County over the treatment her husband received at a nursing home owned by the County. He was given psychotherapy drugs to control him against Medicare rules according to her suit.

Todd Rokita has sided with Marion County saying that only the feds can enforce these rules and private lawsuits are thus not allowed.

The Biden administration is arguing that in nursing home cases, that is true. But that in other lawsuits involving other aspects of laws, lawsuits are permissable.

Most groups are filing briefs arguing the feds simply cannot police everyone everywhere and that lawsuits are critical to compliance. And because a government agency owns the nursing home the government cannot be a fair actor in determining if it is compliant.

As Nursing Home SCOTUS Case Looms, Flood of Briefs Support Plaintiff

A case to determine if state-owned nursing homes are shielded from federal lawsuits – to be heard by the U.S. Supreme Court in November – received more

skillednursingnews.com

I read this and can just hear the voices. WHEN AM I GETTING MY CHECK!!! WHY IS THIS TAKING SO LONG!!!! SEND ME MY F*UCKING CHECK!!!

 

[MyTeamIsOnTheFloor]

Governmental immunity. Private rights of action.



I'm sooooo glad I retired.

 

[CO. Hoosier]

Jesus. Reminds me why manufacturing is better. I’m always amazed by and admire lawyers who go through all this shit. What a mess. Federalizing malpractice law that would otherwise be governed by state along with all the attendant shit like caps and fees and the rest. Plaintiff lawyers love suing nursing homes. Hard pass on this one.

Here is a better explanation about what is going on. The issue seems to be whether violation of a federally imposed standard of care for a government service will support a Section 1983 action. I don’t thnk an affirmative answer federalizes malpractice because the applicable standards and parties are so different. With the feds wanting to regulate everything, I think the best answer should be negative. If a nursing home is negligent state court law would apply. If the nursing home is a government agency and violates substantive due process there is already a Section 1983 remedy.

Nursing Home Residents Have Private Right of Action to Enforce the Nursing Home Reform Law Against Publicly-Owned Facilities

New court decision says residents in publicly-owned facilities have private right of action to enforce rights identified in the 1987 Nursing Home Reform Law.

medicareadvocacy.org

 

[MyTeamIsOnTheFloor]

Here is a better explanation about what is going on. The issue seems to be whether violation of a federally imposed standard of care for a government service will support a Section 1983 action. I don’t thnk an affirmative answer federalizes malpractice because the applicable standards and parties are so different. With the feds wanting to regulate everything, I think the best answer should be negative. If a nursing home is negligent state court law would apply. If the nursing home is a government agency and violates substantive due process there is already a Section 1983 remedy.

Nursing Home Residents Have Private Right of Action to Enforce the Nursing Home Reform Law Against Publicly-Owned Facilities

New court decision says residents in publicly-owned facilities have private right of action to enforce rights identified in the 1987 Nursing Home Reform Law.

medicareadvocacy.org

"The ownership structure allows “gaming” of the Medicaid system. As described by the Star, the transfers of legal ownership result in higher Medicaid reimbursement rates for the nursing facilities, which the public hospital owners and private managers share."

Roots.

 

[mcmurtry66]

Governmental immunity. Private rights of action.



I'm sooooo glad I retired.

Now I’m no lawyer. But what’s right is right. And my cousin, who is smart as a whip, had a cousin who got 600,000 in his case. And my cousin said this case is a HOMEEEEEERUN and it should never be taking this long

 

[CO. Hoosier]

A woman is suing Marion County over the treatment her husband received at a nursing home owned by the County. He was given psychotherapy drugs to control him against Medicare rules according to her suit.

Todd Rokita has sided with Marion County saying that only the feds can enforce these rules and private lawsuits are thus not allowed.

The Biden administration is arguing that in nursing home cases, that is true. But that in other lawsuits involving other aspects of laws, lawsuits are permissable.

Most groups are filing briefs arguing the feds simply cannot police everyone everywhere and that lawsuits are critical to compliance. And because a government agency owns the nursing home the government cannot be a fair actor in determining if it is compliant.

As Nursing Home SCOTUS Case Looms, Flood of Briefs Support Plaintiff

A case to determine if state-owned nursing homes are shielded from federal lawsuits – to be heard by the U.S. Supreme Court in November – received more

skillednursingnews.com

I’m amazed that an health care entity owned by Marion County can do business in Porter County. In Colorado, the county’s authority to own facilities outside the county is very limited.

 

[CO. Hoosier]

Now I’m no lawyer. But what’s right is right. And my cousin, who is smart as a whip, had a cousin who got 600,000 in his case. And my cousin said this case is a HOMEEEEEERUN and it should never be taking this long

Is your cousin’s name Vinny?

 

[Marvin the Martian]

I’m amazed that an health care entity owned by Marion County can do business in Porter County. In Colorado, the county’s authority to own facilities outside the county is very limited.

Marion owns Eskanazi Health which owns hospitals and nursing homes all over the state. It might be second largest to IU Health.

 

[hoot1]

Here is a better explanation about what is going on. The issue seems to be whether violation of a federally imposed standard of care for a government service will support a Section 1983 action. I don’t thnk an affirmative answer federalizes malpractice because the applicable standards and parties are so different. With the feds wanting to regulate everything, I think the best answer should be negative. If a nursing home is negligent state court law would apply. If the nursing home is a government agency and violates substantive due process there is already a Section 1983 remedy.

Nursing Home Residents Have Private Right of Action to Enforce the Nursing Home Reform Law Against Publicly-Owned Facilities

New court decision says residents in publicly-owned facilities have private right of action to enforce rights identified in the 1987 Nursing Home Reform Law.

medicareadvocacy.org

CoH, according to the linked Indianapolis Star article the alleged negligent nursing home is owned and operated by Health and Hospital Corp. of Marion County which is a government agency.

Given this, what is the Section 1983 remedy?

 

[mcmurtry66]

CoH, according to the linked Indianapolis Star article the alleged negligent nursing home is owned and operated by Health and Hospital Corp. of Marion County which is a government agency.

Given this, what is the Section 1983 remedy?

The SUPREME COURT! OH MY GOD! HOW LONG IS THAT GONNA TAKE

 

[CO. Hoosier]

CoH, according to the linked Indianapolis Star article the alleged negligent nursing home is owned and operated by Health and Hospital Corp. of Marion County which is a government agency.

Given this, what is the Section 1983 remedy?

A Section 1983 claim is one for damages for violating a federally created right. Most of the time these are brought for violation of constitutional rights. But they can be based on federal statutory rights as well. These are different from ordinary negligence claims.

In this case, it probably was within in the standard of care, and therefore not negligent, to medicate the patient. But if a Medicare rule required patient, or a surrogate, consent, or imposed other red tape that wasn’t complied with, there could be a federal 1983 claim if SCOTUS agrees that is the kind of regulation that creates rights.

 

[hoot1]

A Section 1983 claim is one for damages for violating a federally created right. Most of the time these are brought for violation of constitutional rights. But they can be based on federal statutory rights as well. These are different from ordinary negligence claims.

In this case, it probably was within in the standard of care, and therefore not negligent, to medicate the patient. But if a Medicare rule required patient, or a surrogate, consent, or imposed other red tape that wasn’t complied with, there could be a federal 1983 claim if SCOTUS agrees that is the kind of regulation that creates rights.

Standards of medication brought back a sad experience which will always haunt me.

Visited my Sister in Law in a nursing home in LaPorte County, Indiana which has since been accused of being understaffed along with Indiana nursing homes in general by the media.

When asked about my impression of the nursing home my response was, "Most all of the patients appeared to be drugged [over medicated] while being transported around the facility in wheel chairs as if they could no longer walk".

My Sister in Law choked to death at the home while eating her breakfast. Talked to one of the nurses from the home at her funeral. Asked the nurse if she knew what happened to Susan, the nursed replied, "It shouldn't have happened"..

Feeling guilty about her demise, I did some research about other nursing home options and if someone with epilepsy (which she had suffered from since birth) might choke to death. The odds were small like 5%, but somehow this eased my conscience. To this day, I wished I had taken her away from the home.

 

[Morrison]

Jesus. Reminds me why manufacturing is better. I’m always amazed by and admire lawyers who go through all this shit. What a mess. Federalizing malpractice law that would otherwise be governed by state along with all the attendant shit like caps and fees and the rest. Plaintiff lawyers love suing nursing homes. Hard pass on this one.

So, can we call you guys “plane chasers” now? “Ambulance chasers” is so old school.

 

[mcmurtry66]

So, can we call you guys “plane chasers” now? “Ambulance chasers” is so old school.

I have an old gf who was a plane chaser. Trust me. Way better than ambulance chasers lol.

 

[UncleMark]

I have an old gf who was a plane chaser. Trust me. Way better than ambulance chasers lol.

I'd like to know how to get some o' that Camp LeJeune money.

 

[mcmurtry66]

I'd like to know how to get some o' that Camp LeJeune money.

FIng hell. Nonstop commercials

 

[mcmurtry66]

I'd like to know how to get some o' that Camp LeJeune money.

THat firm is the firm Crist (0ld gov) running for gov was working for. it's a plaintiff's firm that has about 800 ambulance chasers

 

[Crayfish57]

I have an old gf who was a plane chaser. Trust me. Way better than ambulance chasers lol.

How old is she?

 

[Marvin the Martian]

I'd like to know how to get some o' that Camp LeJeune money.

NPR did a story on it. One of the adds shows a guy and said he was awarded something like $30,000. Of course they interviewed him and he has received nothing. Further no one asked to use his likeness nor compensated him for using his image.

Someone should sue those attorneys.

 

[UncleMark]

NPR did a story on it. One of the adds shows a guy and said he was awarded something like $30,000. Of course they interviewed him and he has received nothing. Further no one asked to use his likeness nor compensated him for using his image.

Someone should sue those attorneys.

Call Ken Nunn.

 

[mcmurtry66]

NPR did a story on it. One of the adds shows a guy and said he was awarded something like $30,000. Of course they interviewed him and he has received nothing. Further no one asked to use his likeness nor compensated him for using his image.

Someone should sue those attorneys.

Morgan and Morgan. They are everywhere. They were in on the condo collapse. Hell find IGW. They probably collapsed it

 

[TheOriginalHappyGoat]

NPR did a story on it. One of the adds shows a guy and said he was awarded something like $30,000. Of course they interviewed him and he has received nothing. Further no one asked to use his likeness nor compensated him for using his image.

Someone should sue those attorneys.

Never trust a lawyer if William Shatner isn't doing the voiceover in his ad.