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Nursing Homes Can Now Be Successfully Sued for Neglect and Abuse Under the Doctrine of Corporate Negligence

The Pennsylvania Superior Court unanimously ruled that liability for neglect and abuse can be imposed on a nursing home under a corporate negligence theory in Scampone v. Grane Healthcare Company, _A.2d_, 2010 WL 2780315 (Pa. Super. July 15, 2010).  The Court observed that such liability is already imposed on hospitals, HMOs and medical professional corporations that have total responsibility for the coordination of care and management of all patients.  Reasoning that a nursing home is analogous to a hospital in the level of its involvement in a patient's overall health care, the Court held that the nursing home corporate owners and operators were liable to the deceased victim of systemic neglect and abuse for its grossly inadequate and incompetent staffing.  The Court said:  "If a health care provider fails to hire adequate staff to perfom the functions necessary to properly administer to a patient's needs, it has not enforced adequate policies to ensure quality care....the existence of this persitent lack of adequate staffing constituted a violation the [nursing home corporate owner's] duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for its patients."

Should Juveniles Accused of Serious Felonies Be Tried as Adults?

As his father's fiancée lay in bed, nine months pregnant, Jordan Brown picked up a .20-gauge shotgun and fired a fatal blast into the back of the woman's head, killing her and the fetus. Our criminal justice system is set up to punish those responsible for these horrific acts. Prosecutors have a duty to show the calculated mindset of the accused and to ask a jury to levy the punishment against those found guilty.

Gregory R. Gifford
  • RGS&G Firm News

    "Matthew Taylor Wilkov, Esquire, Graduates from U.S. Army War College"
    LANSDALE – Gregory Gifford, managing partner of Rubin, Glickman, Steinberg and Gifford, P.C. says the firm is honored to have a U.S. Army War College graduate among its ranks.Read more...

  • Super Lawyers | Rising Stars
  • National board of legal speciality certification
  • American college of trial lawyers
  • National board of trial advocacy | EST 1977
  • 2013 | Subarbanlife | Awesome Attorneys
  • PennSuburban | Chamber of commerce

Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

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