Russo & Kieck
Articles
Nursing Home Abuse & Regulations: Pressure Ulcers
Submitted By: Donna Russo On: Jun 8th 2011
Category: Medical Injuries
When are Pressure Ulcers "Unavoidable"? Does the fact that a resident keeps developing new pressure ulcers mean that the pressure ulcers are unavoidable and that the facility did not violate the regulations? Most times, the answer...
Long Term Disability: Treating Physician's Opinions
Submitted By: Donna Russo On: Mar 22nd 2011
Category: Long Term Disability
For social security disability claims, the treating physician’s opinion is given special weight. Same is not true for an ERISA disability...
Long Term Disability: Denial Letter Under ERISA
Submitted By: Donna Russo On: Feb 23rd 2011
Category: ERISA
The grant of long term disability benefits under an ERISA plan is not a permanent award. The insurance contract permits periodic...
Long Term Disability: Wrongful Termination of Benefits
Submitted By: Donna Russo On: Feb 22nd 2011
Category: Disability Denials and Appeals
In Robert T. Miller v. American Airlines, Inc. et. als., United States Court of Appeals for the Third Circuit, No. 10-1784, filed January 25, 2011, the Court, in its precedential opinion, examined...
Nursing Homes, Falls and Injury Liability
Submitted By: Donna Russo On: Feb 16th 2011
Category: Premises Liability
If a nursing home accepts Medicare, the nursing home must follow Federal Regulations which set forth the standard of care. One of these regulations is 42 CFR sec. 483.25 (h) which provides...
Nursing Home Agreements Can Be Tricky
Submitted By: Donna Russo On: Oct 20th 2010
Category: Nursing Home Abuse
The decision to place a loved one in a nursing home is difficult. Many times an emergent situation exists and the family is convinced to enter into an agreement with the nursing home for the loved one’s care. The agreement...
Long Term Disability Benefits: Process from Appeal to Litigation
Submitted By: Donna Russo On: Jun 1st 2010
Category: long-term disability, ERISA
On May 24, 2010, in Bridget Hardt, v. Reliance Standard Life Insurance Company, U.S. (2010), the United States Supreme Court decided the issue of an award of attorney's fees in ERISA disability cases...
Pressure Ulcers are a Sign of Nursing Home Neglect
Submitted By: Donna Russo On: May 6th 2010
Category: nursing home neglect, signs of nursing home neglect, Nursing Home Negligence
Pressure sores (ulcers) can range from a small bruise to a gaping hole in the skin which goes all the way down to the bone. Pressure sores commonly occur in elderly people who are immobile...
Differences in Long-Term Disability Plans
Submitted By: Donna Russo On: Mar 4th 2010
Category: long-term disability, Types of Disability
Basically, there are two types of long term disability plans: an employer plan and an individual (private) plan. Employer plans are usually part of the employee benefits provided by...
New Jersey's Nursing Home Bill of Rights
Submitted By: Donna Russo On: Mar 3rd 2010
Category: nursing home abuse, Nursing Home Lawsuits, New Jersey
New Jersey has codified the rights of nursing home residents which can be found at N.J.S.A. 30: 13-5. Upon admission, the nursing home administrator...