Professional negligence

Pervasive Home-Ratings At the Crux of Nursing Home Issue

Saul Gruber, Esq. New evidence reveals that Medicare nursing home ratings, the most referred to and mistakenly trusted measurement for quality elder care, are dangerously misleading. Why? There are three criterion for grading a nursing home, one of which involves  an outside health inspection, the other two are self-reported. It’s no surprise that in 50 homes on a federal watch list, most had 4 or 5 stars in the areas they could rate themselves (like incidents of falls or bedsores), but overwhelmingly received rates of 1 or 2 stars in the area of independent inspection (NY TIMES). The value of the …


Listen to Attorney Saul Gruber on Leiberman Live

Last week, Attorney Saul Gruber stepped in for an interview on Leiberman Live to give his expert opinion on the crisis of elder abuse, and what can be done to stop it. Elder abuse has been an epidemic for years, Gruber says, “The question is what do we need to do to make people understand it’s an epidemic.” Elder abuse is a crisis behind closed doors, one that is frequently ignored and underreported. Ironically, however, those closed doors are essentially the homes of the elderly. Put into assisted living or nursing homes, the worst abuse is happening directly to our …


Makers of Drug Linked to Bladder Cancer Say Damages Verdict Isn’t Warranted

Tad Thomas, Esq. The verdict of a case involving damages caused by the drug Actos should be upheld, plaintiff’s attorneys say. Co-counsel for the plaintiffs say that drug corporations, as provided of chemicals to be ingested by millions of people, should have the highest level of deterrence from engaging in reckless conduct. On the other end, Defendants Takeda Pharmaceutical Co. Ltd. and Eli Lilly and Co. have moved for a new trial under Federal Rule of Civil Procedure Rule 59 and judgment as a matter of law under Rule 50. They argue that the punitive damages award of $9 billion …


Knowing The Various Forms of Elder Abuse

Elder abuse is a very concerning problem across the United States because it is not only very serious, but often times hard to detect. The Administration on Aging defines elder abuse as any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. If your loved one is in nursing care or assisted living, or you are considering making the step, it is critically important to know and be able to detect the various forms of abuse or neglect. Types of elder abuse or neglect include: Physical abuse or …


CA Roller Coaster Fiasco CA Begs the Question: How Safe Are Big Rides?

This week, about two dozen people were trapped on a roller coaster at Six Flags Magic Mountain in Valencia, California. It is believed that a tree branch on the track derailed the famous 55 mph ride, widely known as the Ninja, the “Black Belt of Roller Coasters.” Riders were stuck hanging some 40 feet above the ground for roughly three hours as firefighters worked to free them from the difficult spot. Twitter photos and live footage showed the scary suspension and rescue–a worst nightmare for even the most enthusiastic parkgoers. There were about four minor injuries. Two people were sent to …


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