Highlights

• Obtained a new precedential holding from the Alabama Supreme Court establishing that care provided by a certified nursing assistant in a nursing home is not custodial care and thus requires expert testimony to prove a breach of the standard of care.
• Secured a defense arbitration award on behalf of a nursing facility in a wrongful death medical malpractice case arising from a resident’s fall.
• Obtained a favorable ruling from the Alabama Supreme Court upholding an arbitrator’s award for a nursing facility despite plaintiff’s assertion of arbitrator bias.
• Represented a client in the purchase and acquisition of a skilled nursing facility, including preparation of all related certificate of need and licensure change of ownership forms to facilitate the transaction.
• Secured a certificate of need for a for a local hospital to open and operate a freestanding emergency department after a five-day contested case hearing.
• Obtained an adjustment to the Alabama state health plan and a certificate of need for a health care client to add specialty care assisted living facility beds at its facility.
• Obtained a Rule 12 dismissal of claims asserting that a family member was wrongfully prohibited from visiting a resident in the nursing facility and an appellate ruling affirming the trial court’s dismissal.

• Secured a judgment in favor of a nursing facility for collection from a resident representative who failed to appropriately use the resident’s resources for the resident’s benefit.
• Secured summary judgment in favor of a nursing facility dismissing medical malpractice claims arising out of allegations of improper wound care following hernia repair surgery based on the claimant’s failure to provide expert testimony establishing the standard of care and causation.
• Secured summary judgment and the entry of a permanent injunction on defamation claims by a client against a former contractor.
• Secured summary judgment in favor of a nursing facility arising out of claims of common law retaliatory discharge and retaliatory discharge in violation of the Tennessee Public Protections Act.
• Represented client before the Alabama Board of Pharmacy to complete change of ownership after acquisition of pharmacy in Alabama.

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Presentations and Publications

• The Corporate Transparency Act: What You Need to Know, Alabama Nursing Home Association (July 17, 2024).
• Investigations: Perspectives from Regulatory, Employment, and Litigation, co-presenter, Alabama Nursing Home Association Legal Compliance Seminar (February 17, 2023) (co-presenter).
• 2016 Amendments to the Alabama Natural Death Act, Alabama Nursing Home Association Legal Compliance Seminar (January 18, 2018) (co-presenter).
• Baseline Care Plans, Alabama Nursing Home Association, Preparing for November: The New Survey Process & Implementing Phase 2 Nursing Home Requirements (October 23, 2017).
• Entrapment: It’s Not Just for Law and Order Anymore, Alabama Nursing Home Association: Legal Compliance Seminar (April 10, 2017).
• From ADA to Wellness Programs to Service Animals and Beyond, Harbuck Keith & Holmes Employment Law Seminar (2016) (co-presenter).
• Don’t Forget About…Contracts! – Managing Contracts with Service Providers, Alabama Nursing Home Association Legal Compliance Seminar (January 15, 2015) (co-presenter).
• Advance Directives and Power of Attorney: Understanding the Documents and Presenting a System to Honor Resident Wishes, Alabama Nursing Home Association Legal Compliance Seminar (January 15, 2015) (co-presenter).
• Constitutional Construction of Alabama’s Newest Bingo Amendments, 5 UNLV Gaming L.J. 183 (2015).
• National Health Law Moot Court Competition Best Brief, Journal of Legal Medicine, 35 J. LEGAL MED. 38 (2014) (Co-Author).

News & Insights

• Starnes Davis Florie Welcomes Kenny Keith & Brandon Jackson to the Firm