New Issues in Litigating Nursing Home Cases

The purpose of this paper is twofold: 1) to define the issues which litigators are commonly required to address in the course of a nursing home maltreatment case; and 2) to discuss new and evolving developments in this area of practice. Significantly, in the past twelve months three important subjects have come to the forefront in the area of nursing home litigation: 1) punitive dames; 2) negligence per se; and 3) the discovery and admissibility of survey and investigative reports conducted by the Texas Department of Human Services. These new issues as well as those questions which have traditionally been a part of a nursing home case are addressed in this article.

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