Many times, in the world of nursing home litigation and medical malpractice, you hear things like “caps on damages,” “tort reform,” of “medical review panels.” These measures are presented as ways to “Stop the crisis!” or “Reign in out of control juries!” The reality is, there is no crisis, juries are reasonable, and these measures are usually promulgated by nursing home companies solely to avoid liability.
A recent article from WFPL in Louisville, KY, recounts the story of Hazard Health and Rehab Center. Within the walls of that facility, among other issues, two residents sexually abused a 91 year-old resident and another resident suffered a “gaping pressure ulcer.” For the sex abuse, the facility paid a fine of $20,000, and for both incidents the facility was sued in civil court.
The nursing home industry in that state backed by among others state Republicans and the Kentucky Chamber of Commerce, want to make-up a law that will require a board of three “healthcare providers” that screen cases for merit – before a plaintiff can even file a lawsuit. This is designed to be yet another hurdle to achieving timely justice. Helping to bankroll this idea? Hazard Health and Rehab.
The article goes on to state that it’s the poor state of health care in KY is what’s causing the legal problems, not the law. According to the article KY has more below average nursing homes than all but 8 other states. “That just shows there’s widespread abuse, neglect, mistreatment of residents occurring in far too many nursing homes,” said Brian Lee, executive director of Families for Better Care.
You can read the full article here.
Be cautious whenever you hear of measures that limit a person’s ability to hold anyone person or company accountable in court. There’s usually a lot of money behind the idea, and very little consideration for the good of the population. If you have any questions about a Nursing Home situation, contact Stark & Stark today.