Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Nursing Homes, Long-Term and Advanced Care Facilities
Imagine this hypothetical: You are visiting your disabled, elderly father in one of the nation's more than 15,000 nursing homes. He is resting in one of the more than 1.7 million beds available in those many homes. During your visit, your father shows you sores all over his skin, formed because he was confined in bed for hours a day without attention from the local staff. He is also dehydrated from lack of water. As a result, your father's risk of major complications, including cardiac arrest and death, has been substantially raised. What can you do in response? Are there remedies available to compensate for the extra care your father will need because of his deteriorated condition?
Alternatively, if you are advising a health care provider entity, such as the above nursing home, what can you tell them regarding their liability? Is the institution itself at risk because of the personal failings of certain employees? What if it is staffed by independent contractors? Can a uniform plan or employee manual be developed, and will that help?
Unfortunately, the answer to these questions turns on the definition of two words: corporate and negligence. The term “corporate negligence” has no agreed-upon meaning, sometimes even within the same state. This provides the setup for a legal nightmare on both sides in the hypothetical if any personnel or patients have crossed a state boundary recently, or if the institution itself is trans-national in nature.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?