Not all cases are the same, some can involve significant liability issues. This is especially true when it comes to premises liability claims. I had one such premises liability trial in Greensboro. In that case, a man and his son were going to an auto parts store. When they got there, they saw some

What are Winston-Salem jurors like, and how does Winston-Salem compare to other counties? Of course, the following only applies to civil court as I don’t practice criminal law. With that in mind, I will use my last car wreck case and jury trial as an example. In that case, the plaintiff was

Finally, nursing homes may cynically, and unfortunately, accurately argue that very few nursing homes in North Carolina provide staffing at RUG staff time expectations. Therefore, how could this be evidence of the standard of care? It takes the same amount of time to change a diaper in Arizona as it does in

Usually, clients can handle property damage claims from car wrecks on their own, but we will help for free if they run into problems. One of the main problems people face is that the insurance company only has to make the repairs with after market parts. This can include used parts or parts not

Nursing homes will argue that the RUG scores are for Medicare residents only, and that most of their residents are paid by Medicaid. Since the Medicaid reimbursement is a lot lower, the number of staff should be lower. However, this ignores what the STRIVE study showed. The STRIVE study, and the other

The Staff Time and Resource Intensity Verification (STRIVE) study evaluated the relationship between reimbursement and the actual staffing required to provide care per RUG score.[i] This study was sponsored by the Centers for Medicare & Medicaid Services (CMS) along with a collaboration of consumer advocates, clinicians, and the nursing home industry and others.

In addition to the statutory Dram Shop causes of action described in earlier posts, attorneys may bring a common law negligence claim against anyone who provides a visibly intoxicated person with alcohol. The first case to address this social host liability was: As to the cause of action for liability under common

From 1965 until 1998, nursing home facilities were paid on a cost-based reimbursement system by combining cost reports with the number of patient days. In 1998 payment was switched to Prospective Payment system, which is more of an acuity based system. Facilities perform a full assessment on each resident and compile the

In North Carolina, NCGS section 18B-120 and the subsequent sections address injury by drunk drivers that are under the age of twenty-one. The following sections address drunk driving by adults: § 18B-305. Other prohibited sales (a) Sale to Intoxicated Person. — It shall be unlawful for a permittee or his employee or for

Around nine years ago, I was assigned a case on the eve of trial by a senior attorney in a prior personal injury firm. The attorney didn’t want to try the case because “it was a loser”. I understood her position as there was literally no property damage whatsoever to either car. Not even