Elliott C. Miller received his J.D. from the University of Kentucky in 2009 and joined the firm that same year. He is admitted to practice before the local, state and federal courts and is a member of the Fayette County and Kentucky Bar Associations. He is a litigator and a member of the firm’s litigation practice group. He focuses on healthcare, elder law and commercial litigation, including nursing home abuse and neglect, nursing home medical malpractice, jail health care, and hospital malpractice. He also represents many homeowners associations throughout central Kentucky, employees and employers, and does insurance defense work.

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NURSING HOME CLAIMS: October 28, 2016

The federal agency overseeing Medicare and Medicaid services has issued a rule barring any nursing home that receives federal funding from requiring residents to enter pre-dispute arbitration agreements. Such agreements have long been used by nursing homes to force patients and their families to pursue claims such as elder abuse and wrongful death through the private system of arbitration rather than in court. Although nursing homes and patients may still enter arbitration agreements on a voluntary basis at the time a dispute arises, those agreements must be clearly explained to residents. This major change in policy is viewed as an important step in protecting the rights of nursing home patients. More information about the new rule is available at:

https://www.cms.gov/Newsroom/MediaReleaseDatabase/Press-releases/2016-Press-releases-items/2016-09-28.html

NURSING HOME WRONGFUL DEATH FILING JULY 2016

Miller, Griffin & Marks, PSC filed an action in the Madison Circuit Court in July 2016 alleging the wrongful death of Donald Shelton. Named in the suit as defendant IS Madison Health and Rehabilitation Center in Richmond, Kentucky. Read more.

Dimaghani v. Showalter 2009-CA-2171 (Fayette Family Court, August 31, 2012)

This appeal involves a person’s ability to orally modify a maintenance obligation.

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