Brogdon v. National Healthcare Corporation

William D. deGolian

Case Conclusion Date:January 1, 2002

Practice Area:Nursing Home Abuse - Neglect

Outcome:Motion to Dismiss grnt'd in part denied in part

Description:This was a nursing home negligence case brought on behalf of a group of residents. There was related litigation in the Superior Court for Catoosa County, Georgia. Plaintiffs sued the nursing home for failing to provide the minimal level of care reuired under the Medicare Act and the Medicaid Act. The Court held that the Act did not create a private cause of action. However, it held that Plaintiffs had stated claims under State law and that it was a question of State law as to whether the Medicare and Medicaid Acts set the applicable standard of care. See 103 F. Supp.2d 1322