Brogdon v. National Healthcare Corporation
Jan 01, 2002OUTCOME: Motion to Dismiss grnt'd in part denied in part
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 f ... ailing 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
