Hot Coffee Debunks Many Tort Reform Myths

Posted on June 27, 2011 by David Cohen

For many years, large corporations have spread baseless myths about our country’s jury system  – to avoid accountability for injuries caused by corporate greed.  Nowhere is this more visible than in the famous McDonald’s hot coffee case.  Most people think that as a result of “jackpot justice” somebody ripped off the system by getting millions for spilling coffee while driving.  This was actually a well executed false spin on the truth.

On June 27, 2011, HBO premieres Hot Coffee, a documentary that exposes the truth of corporate manipulation of the real facts:

The injured consumer, Stella Liebeck, was 79 years old.  She was a passenger, not a driver…and the car was stopped.  The coffee was served at 180 degrees – well above a temperature that would be fit for human consumption.  In fact, the coffee was so hot that when it spilled in her lap, she suffered severe burns and needed skin graft surgery.  Contrary to what most folks think, this nice old lady didn’t receive millions of dollars and originally had only asked for her medical bills to be paid – but McDonalds said no.  700 consumers before Stella had been injured by this same over-heated coffee, but until the verdict, McDonalds refused to serve their coffee at a safe temperature.

Here is a link to the movie site and  here is a link to an interesting article about it.

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Recent Study Shows 92% of Nursing Homes Employ Ex-Convicts

Posted on June 22, 2011 by Michael A. Brusca

The physical environment of many nursing homes may be very appealing – such as clean floors and newly painted walls.  However, this is the easiest thing to fix and also the least important. 

It’s the care that a resident will get that is by far the most important.  High quality care comes from a good and caring staff.  The problem is that a nursing home worker’s resume and employment application are not readily available to the public. 

That is what makes this recent article from AARP, http://www.aarp.org/relationships/caregiving/info-05-2011/who-can-you-trust.html, all the more disturbing

According to the article, 92% of nursing homes employed at least one individual with a criminal conviction.  Additionally, the type of background check done is dependent on the state.  The article reports that in “2006, Centers for Medicare& Medicaid Services began an 18-month (April 06 – Sep 07) pilot program of comprehensive criminal background checks of prospective nursing home employees in seven states. The pilot program resulted in the disqualification of 7,463 applicants.”

Knowing the right questions to ask at admission is important.  While it’s nice to have a newly renovated or newly constructed nursing home, it’s the quality of the staff that’s most important. 
 

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Stand Up for Patients' Rights: Tell Your Representative to Oppose House Resolution 5

Posted on June 2, 2011 by David Cohen

Congress has recently proposed House Resolution 5, an extreme bill that would limit our rights and offer a handout to the medical industry by allowing it to go virtually unpunished when patients are harmed or killed. A recent report states that one out of every three hospital patients is sickened, injured, killed or otherwise harmed because of a medical error. This study is just one more, in a long list of reasons why this bill should not be passed.

Congress should focus on improving patient safety and reducing deaths and injuries. H.R. 5 does neither. If this bill is passed, the cost associated with medical errors would be placed on injured patients, their families and taxpayer-funded health and disability programs, instead of the hospitals or medical facilities which negligently let the injustice occur.

Stand up for patients' rights. Visit the Public Citizen’s website to let your member of Congress know that you want them to oppose H.R. 5.

 

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