Monday, July 19, 2021

Certain Nursing Home Care-Related Claims Allowed to be Pursued Under Section 1983


In the case of Alexander v. Fair Acres Geriatric Center, No. 20-2550 (E.D. Pa. May 25, 2021 Pratter, J.), the court denied a nursing home Defendant’s Motion to Dismiss filed against nursing home care-related claims under 42 U.S.C. §1983.

The court found that the Plaintiff’s nursing home care-related claims under 42 U.S.C. §1983 were viable under binding precedent that held that the Federal Nursing Home Reform Amendments conferred individual rights that are enforceable under 42 U.S.C. §1983.

The court additionally found that the Plaintiff’s Complaint sufficiently alleged “deliberate indifference” to support the claims presented by the Plaintiff.

As such, the Defendants’ Motion to Dismiss was granted in part and denied in part.

Anyone wishing to review a copy of this decision may click this LINK.  The companion Order can be viewed HERE.


Source: “Digest of Recent Opinions” Pennsylvania Law Weekly (June 22, 2021).

Source of image:  Photo by Markus Spiske from Pexels.com.

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