Lower courts can stay but not dismiss the claims The Supreme Court Ruling In May of 2024 the U.S. Supreme Court heard an appeal under Section 3 of the Federal Arbitration Act. In Smith v. Spizarri, the Supreme Court held that trial courts do not have the discretion to dismiss a lawsuit simply because it … Read more →
Voting is a fundamental part of democracy, allowing citizens to shape their country’s future. However, efforts to restrict certain groups, including elderly nursing home patients, from voting are increasing. These individuals have years of wisdom and experience, yet they often face barriers when it comes to voting rights for nursing home residents. This article explores … Read more →
By Jeffrey J. Downey Litigating personal injury cases can be expensive and time consuming. Insurance companies know this fact and often use aggressive tactics to low ball Plaintiffs in personal injury cases. Personal injury cases involving car, truck and bike accidents are the most common type of civil case filed in Virginia Courts. In July … Read more →
In every automobile injury accident case the Plaintiff must prove both negligence and damages flowing from the accident. It is not uncommon that drivers who cause an accident plead guilty or no contest to the traffic charge, but later deny fault in a civil case after they are sued for money damages. In a recent … Read more →
a/k/a Morningside House of Leesburg 316 Harrison St, SE Leesburg, VA 20175 Phone 703-777-2777 Facility Characteristics: A note by Attorney Jeffrey J. Downey: Thank you for visiting my website. Anyone who is considering the admission of a loved one into an assisted living facility should undertake a review of surveys or other data that will … Read more →
What does it mean and how reliable are death certificates Every person who dies in the United States must have a death certificate completed. Many times that death certificate will list “natural causes” as the cause of death. However, that is not a medical diagnosis explains Virgina Malpractice Attorney Jeffrey and often death certificates are … Read more →
The concept of for-profit nursing homes raises an inherent tension in healthcare. Unfortunately, many nursing homes are the weakest link in our healthcare system, explains Virginia nursing home attorney Jeffrey Downey. For profit chains like ManorCare, Infinity Healthcare, Consulate and Promedica have some of the worst track records, especially when compared to non-profit facilities. While … Read more →
Sexual assault can occur any time, any place, and by seemingly trusted individuals. One particularly disturbing area where this abuse occurs is within the healthcare setting. “Nursing home patients are particularly vulnerable to sexual abuse,” explains nursing home attorney Jeffrey Downey. A recent example is the case of Dr. Robert Hadden, former Columbia University gynecologist. … Read more →
By Jeffrey J. Downey CMS, through its state agencies, conducts annual inspections of nursing homes to determine if they are providing quality care to their residents. The inspections are done at least annually but can also be triggered by individual complaints. Nursing homes with the worse inspection records are identified through the Special Focus Facility … Read more →
By Jeffrey J. Downey Transfer trauma refers to the psychological stress and trauma associated with being uprooted from one facility or home and being placed in a new environment. It is especially hard on demented residents who have less coping skills to adjust to a new environment, explains nursing home abuse attorney Jeffrey Downey. In … Read more →