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How To Get Sued By a Nursing Home: Estoppel

Today we continue our magical mystery tour through the case of Glastonbury Health Care Center v. Esposito. This case shows how one Connecticut nursing home resident’s son made several big mistakes in pursuing Connecticut Medicaid eligibility for his mother. Those mistakes ultimately resulted in the Court rendering judgment against him personally for over $100,000 in nursing home bills. The Esposito case is an excellent example of what not to do for anyone in the process of admitting a parent or spouse into a Connecticut nursing home.

Glastonbury Health Care Center sued Carmine Esposito for breach of contract, negligence, promissory estoppel, and fraudulent misrepresentation to hold him responsible for over $100k in nursing home bills. Today we will review the claim for promissory estoppel.

A claim for Promissory Estoppel exists when Read more…

How To Get Sued By a Nursing Home: Negligence

Today we continue our journey through the case of Glastonbury Healthcare Center v. Esposito. In this article, we will review how Carmine Esposito, the son of a resident at Glastonbury Health Care Center, managed to get himself sued for negligence in obtaining Connecticut Medicaid eligibility for his mother, Josephine Esposito. His mistakes cost him overĀ  $100,000, hopefully you will avoid making the same mistake.

In addition to the breach of nursing home admissions contract claims, Glastonbury Health Care Center claimed Carmine Esposito was negligent in getting Josephine’s application for Connecticut Medicaid approved. In order for the Court to find Carmine negligent, it has to find Read more…

Is Your Delay Causing a Breach of Contract?

February 26th, 2009 Attorney Richard Shea No comments

Today we continue to examine the case of Glastonbury Healthcare Center, Inc. v. Esposito. In the first post, we found out how the Court bound a resident’s son to the terms of a nursing home contract that he never signed. Now, we are going to take a closer look at exactly how Carmine Esposito breached the contract which led to the nursing home prevailing in its claim for over $100,000 against him.

There are two provisions in the contract that Carmine was accused of breaching. These provisions are: Read more…

Nursing Home Wins $102,574 From Resident’s Son

February 15th, 2009 Attorney Richard Shea No comments

Visitors to Title19CT.com already know that Connecticut nursing homes have been getting more aggressive in attempting to recover losses due to botched Connecticut Medicaid applications. For example, Newington Health Care Center recently sued the daughter of a resident for just under $16,000. Understanding where other families went wrong is critical to helping you not make the same mistakes.

Today we begin our adventure through the case of Glastonbury Healthcare Center, Inc. v. Esposito. And I do mean adventure. The end result is the nursing home was successful in its claim against the resident’s son for over $100,000. Our job is to understand how they won their case and how you can avoid having the same happen to you.

There is so much ground to cover in this case that it is going to take several posts to dissect it all.

The players involved:

  • Carmine Esposito – the Defendant;
  • Josephine Esposito – the Defendant’s mother and resident of Glastonbury Healthcare Center;
  • Glastonbury Healthcare Center – the Plaintfiff;
  • Lucy Higgins – admissions officer for Glastonbury Healthcare center;
  • Laura Catarino – Connecticut DSS case worker;
  • Attorney Michael Bellobuono – represented Carmine Esposito.

On April 1, 1998 Josephine became a resident of Glastonbury Healthcare Center.

Carmine Esposito met with the admissions officer Lucy Higgins on April 2nd. Lucy presented Carmine with the Admissions Agreement at that meeting and Carmine signed it under the power of attorney from Josephine. He did not sign the agreement as Responsible Party. The contract contained two significant provisions: Read more…

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