Suit Against Nursing Home Wrongly Tossed Before Competency Query

A man who sued his late mother’s nursing home over the care they provided may get another shot to press his claims, after the Third Circuit ruled that his case was wrongly dismissed without an inquiry into his competency.

Victor Mondelli presented the district court with “verifiable evidence” of his potential incompetency, including letters from several doctors detailing his struggles with paranoid schizophrenia and disabling depression, the U.S. Court of Appeals for the Third Circuit said Tuesday. This evidence should have prompted the district court to conduct an inquiry into his competency and his potential right to a court-appointed representative ...