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Marquette University Law School

2012

Litigation

Articles 1 - 4 of 4

Full-Text Articles in Law

Litigation Nursing Home Wandering Cases, Steven M. Levin, Janice F. Mulligan Aug 2012

Litigation Nursing Home Wandering Cases, Steven M. Levin, Janice F. Mulligan

Marquette Elder's Advisor

This article defines the term wandering and provides prevalence estimates of wanderers within nursing homes nationwide. It addresses the standard of care applicable to wandering cases and reviews court opinions that consider whether the nursing home was on notice of a resident's known tendency to wander. It also discusses discovery in wander cases and concludes with practice tips.


From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy Aug 2012

From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy

Marquette Elder's Advisor

This article provides an overview of the most common fact patterns involved in the litigation of neglect or abuse of the elderly. The common fact patterns include: choking and feeding tube, wandering, falls and related injuries, physical and chemical restraints, scalding, burns, malnutrition and dehydration, pressure sores, medication errors, and sexual abuse.


Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp Aug 2012

Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp

Marquette Elder's Advisor

In medical malpractice litigation, providing legal representation to older patients or their healthcare providers carriers significant ethical implication. However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be included in an analysis of legal ethics in the medical malpractice context, particularly when an older patient is involved.


State Court And Administrative Medicaid Litigation-A Case Study, Steven C. Perlis Aug 2012

State Court And Administrative Medicaid Litigation-A Case Study, Steven C. Perlis

Marquette Elder's Advisor

The article examines a case study discussing an elderly couples access to Medicaid. The case was created to determine whether to approve the elderly couples Medicaid request.