By: Jeb Crandall
BleekeDillonCrandall
Several of our attorneys (including myself) were in Boston, Massachusetts last week attending the DRI Nursing Home/ALF Litigation Seminar. While it is a great seminar for educational purposes, it is also a great seminar for meeting colleagues from around the country. It also gives us a chance to meet with several of our clients who we don’t get the opportunity to see very often as they are located out of state. While it may technically be considered “work,” it’s not too difficult to spend a few days each year in a great city (Chicago, Scottsdale, Las Vegas, etc.), catch up with old friends and make a few new ones, and even learn something along the way.
Friday, September 23, 2011
Thursday, September 15, 2011
Update from DRI's ALF/Nursing Home Seminar
By: Jim Bleeke
BleekeDillonCrandall
Several of Bleeke Dillon Crandall's attorneys who defend nursing home litigation (Jim Bleeke, Jeb Crandall, Richard Moore and Stephanie Holtzlander) are in Boston attending the national conference on Nursing Home Litigation presented by the Defense Research Institute (DRI). Our own Richard Moore is the Chairman of this seminar.
We have attended Panel Counsel Meetings held by several of our long-term care clients to discuss their priorities and goals, and to share experiences of their lawyers across the country. Among the themes that we are hearing from our clients are the following:
1. Regulatory oversight is becoming even more rigorous, while reimbursement for patient services is decreasing, which creates a more challenging environment for doing what is already a very difficult job.
2. The best defense to a lawsuit is to avoid it in the first place, by focusing on excellent patient care and promptly addressing patient mishaps and/or dissatisfaction.
3. When lawsuits do occur, the key is to evaluate the risks of each case accurately and reliably as early as possible, so that surprises do not occur as the case advances toward resolution. And early resolution generally is best for everyone involved.
BleekeDillonCrandall
Several of Bleeke Dillon Crandall's attorneys who defend nursing home litigation (Jim Bleeke, Jeb Crandall, Richard Moore and Stephanie Holtzlander) are in Boston attending the national conference on Nursing Home Litigation presented by the Defense Research Institute (DRI). Our own Richard Moore is the Chairman of this seminar.
We have attended Panel Counsel Meetings held by several of our long-term care clients to discuss their priorities and goals, and to share experiences of their lawyers across the country. Among the themes that we are hearing from our clients are the following:
1. Regulatory oversight is becoming even more rigorous, while reimbursement for patient services is decreasing, which creates a more challenging environment for doing what is already a very difficult job.
2. The best defense to a lawsuit is to avoid it in the first place, by focusing on excellent patient care and promptly addressing patient mishaps and/or dissatisfaction.
3. When lawsuits do occur, the key is to evaluate the risks of each case accurately and reliably as early as possible, so that surprises do not occur as the case advances toward resolution. And early resolution generally is best for everyone involved.
Wednesday, September 14, 2011
Indiana Government Responding to State Fair Stage Collapse
By: Jim Bleeke
BleekeDillonCrandall
Indiana Attorney General Greg Zoeller (presumably in close consultation with the Governor’s office) correctly decided to avoid a long litigation fight against its injured citizens by announcing that the State would not oppose recovery of the full $5 million under the Indiana Tort Claims Statute. Indiana also is following the lead of the United States government after the 9/11 tragedy by seeking assistance from John Feingold to help decide how to most fairly allocate the available funds under the Tort Claims Statute, as well as the growing charitable contributions to assist the victims.
These initial steps by Indiana State government, within three weeks of the state fair tragedy, are the right initial step toward using State Funds to help the victims, and not wasting State assets battling lawsuits by the victims. Some discussion also has begun regarding whether the Indiana legislature might make additional funds available beyond the $5 million cap to aid the victims.
BleekeDillonCrandall
Indiana Attorney General Greg Zoeller (presumably in close consultation with the Governor’s office) correctly decided to avoid a long litigation fight against its injured citizens by announcing that the State would not oppose recovery of the full $5 million under the Indiana Tort Claims Statute. Indiana also is following the lead of the United States government after the 9/11 tragedy by seeking assistance from John Feingold to help decide how to most fairly allocate the available funds under the Tort Claims Statute, as well as the growing charitable contributions to assist the victims.
These initial steps by Indiana State government, within three weeks of the state fair tragedy, are the right initial step toward using State Funds to help the victims, and not wasting State assets battling lawsuits by the victims. Some discussion also has begun regarding whether the Indiana legislature might make additional funds available beyond the $5 million cap to aid the victims.
Friday, September 9, 2011
DRI Nursing Home/ALF Litigation
By: J. Richard Moore
BleekeDillonCrandall
During the week of September 12, 2011, several members of BleekeDillonCrandall will be participating in the Defense Research Institute Nursing Home/ALF Litigation seminar in Boston, Massachusetts. The seminar, which will be attended by over 500 lawyers, risk managers, insurance representatives and business owners, focuses on current issues involved in defending and trying lawsuits against nursing homes, assisted living facilities, home health and hospice services, and other providers of medical and nursing care to the elderly and others who require skilled nursing care.
This seminar is an important endeavor for the firm, and this year it is particularly special for me. I first attended this annual conference in 2004, after having worked in the defense of nursing homes and long-term care providers for about two years. That year the seminar was also held in Boston, and I was impressed by the range of talent among the speakers, and the level of sophistication and depth of experience among the attendees. I committed myself to becoming involved with the DRI Medical and Health Care Law committee, the Nursing Home/ALF Litigation subcommittee, and the steering committees for the annual seminars.
Three years later, in 2007, I had the opportunity to serve as a seminar speaker at the Nursing Home/ALF Litigation seminar in Las Vegas. That year I met and spent some highly enjoyable social time with Jim Bleeke and Jeb Crandall, who have also regularly attended the seminar. Although at that time I was living in south Alabama, the three of us kept in touch over the next few years, sharing experiences, defense strategies and professional contacts, and visiting twice at year at the DRI seminars.
Last year, I again had the opportunity to speak at the Nursing Home/ALF Litigation seminar, which was held in Chicago. Jim and Jeb attended again, along with their partner Carol Dillon. During that visit we first discussed the possibility of my joining Jim, Jeb and Carol in their thriving Indianapolis-based practice. By March 2011, that had become a reality, and in June 2011 we were joined by Stephanie Holtzlander. Incidentally, our mutual interest in having Stephanie come on board stemmed from spending time with her at another DRI conference, the 2011 Medical and Health Care Litigation seminar held in March 2011 in San Francisco.
This year, Jim, Jeb, Stephanie and I will be attending the Nursing Home/ALF Litigation seminar, where I have the privilege of serving as Program Chair. It is fitting to me that I am serving in that position in the same city, Boston, where I first attended the seminar long ago. We look forward to visiting with valued client representatives, renewing acquaintances with trusted colleagues from across the country, and learning from the panel of well-reputed speakers.
BleekeDillonCrandall
During the week of September 12, 2011, several members of BleekeDillonCrandall will be participating in the Defense Research Institute Nursing Home/ALF Litigation seminar in Boston, Massachusetts. The seminar, which will be attended by over 500 lawyers, risk managers, insurance representatives and business owners, focuses on current issues involved in defending and trying lawsuits against nursing homes, assisted living facilities, home health and hospice services, and other providers of medical and nursing care to the elderly and others who require skilled nursing care.
This seminar is an important endeavor for the firm, and this year it is particularly special for me. I first attended this annual conference in 2004, after having worked in the defense of nursing homes and long-term care providers for about two years. That year the seminar was also held in Boston, and I was impressed by the range of talent among the speakers, and the level of sophistication and depth of experience among the attendees. I committed myself to becoming involved with the DRI Medical and Health Care Law committee, the Nursing Home/ALF Litigation subcommittee, and the steering committees for the annual seminars.
Three years later, in 2007, I had the opportunity to serve as a seminar speaker at the Nursing Home/ALF Litigation seminar in Las Vegas. That year I met and spent some highly enjoyable social time with Jim Bleeke and Jeb Crandall, who have also regularly attended the seminar. Although at that time I was living in south Alabama, the three of us kept in touch over the next few years, sharing experiences, defense strategies and professional contacts, and visiting twice at year at the DRI seminars.
Last year, I again had the opportunity to speak at the Nursing Home/ALF Litigation seminar, which was held in Chicago. Jim and Jeb attended again, along with their partner Carol Dillon. During that visit we first discussed the possibility of my joining Jim, Jeb and Carol in their thriving Indianapolis-based practice. By March 2011, that had become a reality, and in June 2011 we were joined by Stephanie Holtzlander. Incidentally, our mutual interest in having Stephanie come on board stemmed from spending time with her at another DRI conference, the 2011 Medical and Health Care Litigation seminar held in March 2011 in San Francisco.
This year, Jim, Jeb, Stephanie and I will be attending the Nursing Home/ALF Litigation seminar, where I have the privilege of serving as Program Chair. It is fitting to me that I am serving in that position in the same city, Boston, where I first attended the seminar long ago. We look forward to visiting with valued client representatives, renewing acquaintances with trusted colleagues from across the country, and learning from the panel of well-reputed speakers.
Friday, September 2, 2011
Parenting Time on Holidays
By: Kristen Halliden
BleekeDillonCrandall
Divorced parents – the holidays are fast approaching and you need to start thinking about parenting time. Always take a look at your court order first and comply with what has been ordered in your case. If your court order specifies Indiana Parenting Time Guidelines make sure you read your copy of the Guidelines and figure out what the schedule is going to be. Let your ex-spouse know via email and make sure that there are no misunderstandings. Give the kids a heads up too so that they know what to expect on Thanksgiving Day, Christmas Eve and Christmas Day (or whatever other special holidays your Order provides for: Hanukkah, Kwaanza, etc.).
If your Court order does not specify parenting time as to holidays then make sure you and your ex-spouse have a written agreement in place. Do this via email – not texts so that everyone is on the same page. If you can’t agree now, you may need to think about filing a Petition with the Court to determine holiday parenting time.
If you both agree to deviate from the Court order or from the Guidelines, you should write up a very brief agreement and file it with the Court so that there will never be a question of one parent “withholding” the children from the other. If you don’t want your attorneys to draft the agreement, write up a simple paragraph that you both sign and date and file it with the Court yourself.
Holidays are rough enough and you do not want to add to the stress by having arguments over who will spend what time with the kids. Remember, the holidays are a magical time for children and we want to keep it that way for them!
BleekeDillonCrandall
Divorced parents – the holidays are fast approaching and you need to start thinking about parenting time. Always take a look at your court order first and comply with what has been ordered in your case. If your court order specifies Indiana Parenting Time Guidelines make sure you read your copy of the Guidelines and figure out what the schedule is going to be. Let your ex-spouse know via email and make sure that there are no misunderstandings. Give the kids a heads up too so that they know what to expect on Thanksgiving Day, Christmas Eve and Christmas Day (or whatever other special holidays your Order provides for: Hanukkah, Kwaanza, etc.).
If your Court order does not specify parenting time as to holidays then make sure you and your ex-spouse have a written agreement in place. Do this via email – not texts so that everyone is on the same page. If you can’t agree now, you may need to think about filing a Petition with the Court to determine holiday parenting time.
If you both agree to deviate from the Court order or from the Guidelines, you should write up a very brief agreement and file it with the Court so that there will never be a question of one parent “withholding” the children from the other. If you don’t want your attorneys to draft the agreement, write up a simple paragraph that you both sign and date and file it with the Court yourself.
Holidays are rough enough and you do not want to add to the stress by having arguments over who will spend what time with the kids. Remember, the holidays are a magical time for children and we want to keep it that way for them!
Thursday, September 1, 2011
Indiana Prisoners Don’t Have Right To Advertise for Pen-Pals
By: Chris Simpkins
BleekeDillonCrandall
The Indiana Department of Correction’s policy that prohibits inmates from advertising for pen-pals was recently upheld by the 7th Circuit Court of Appeals. Prison inmates filed a class-action against the state alleging that the policy violated their rights to free speech. Not surprisingly, the Court agreed with the Department of Correction’s argument that prisoners’ rights to free speech must give way to prison security needs and the legitimate state interest of curbing fraud caused by inmates.
The Department of Correction’s policy was in response to an investigation regarding the source of funds in inmates’ trust accounts. The inmates were apparently misrepresenting themselves on the pen-pal website in an attempt to defraud other users. “A prohibition on advertising for pen-pals relates fairly directly to the goal of preventing fraud since it cuts off the inmates’ access to potential victims,” Judge William J. Bauer wrote for the 7th Circuit panel.
BleekeDillonCrandall
The Indiana Department of Correction’s policy that prohibits inmates from advertising for pen-pals was recently upheld by the 7th Circuit Court of Appeals. Prison inmates filed a class-action against the state alleging that the policy violated their rights to free speech. Not surprisingly, the Court agreed with the Department of Correction’s argument that prisoners’ rights to free speech must give way to prison security needs and the legitimate state interest of curbing fraud caused by inmates.
The Department of Correction’s policy was in response to an investigation regarding the source of funds in inmates’ trust accounts. The inmates were apparently misrepresenting themselves on the pen-pal website in an attempt to defraud other users. “A prohibition on advertising for pen-pals relates fairly directly to the goal of preventing fraud since it cuts off the inmates’ access to potential victims,” Judge William J. Bauer wrote for the 7th Circuit panel.
Subscribe to:
Posts (Atom)
