Jury In Nursing Home Abuse Trial Doesn't Buy Argument That Patients Bed Sores Were 'Unavoidable'
We recently discussed a pending wrongful death trial in Texas where the family of a deceased nursing home patient has been pursuing a civil claim against the skilled nursing facility where the bed sores allegedly developed and advanced to the point that the wounds became infected. After just a day of jury deliberations, the jury has awarded the deceased patient's family almost $600,000 for physical pain and suffering, mental pain and anguish and subsequent medical bills. Like many cases involving bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers) the nursing home argued that the patients...
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As Congress Debates Health Reform Measures, Some Still Want To Strip Injured People Of Their Legal Rights
This is a great clip showing extreme efforts conservative members of congress will go to promote their big-business agenda. Here you can see Rep. Bruce Braley (D-IA) constantly getting interrupted by his Republican colleagues chanting 'trial lawyer' as Braley champions patient safety in health care. In his closing arguments, Congressman Braley states: “During this entire health care debate, we've heard a lot from our friends on the other side of the aisle about something called medical liability reform, but all day as they've been talking about this point, you have not heard one word about patient safety.” Good point...
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Let's Stick To The Facts About Healthcare Reform & Medical Malpractice
Some politicians have thrown 'tort reform' into the mix of President Obama's new health care plan under the guise of saving money. Several states already have full-fledged tort reform measures in place where the state legislature has set caps on the amount of money an injured person can recover. Years after many of these damage caps have been put into place, neither physician malpractice premiums nor individual health insurance rates have declined. Nonetheless, rather than debate the philosophical aspects of imposing limits on recovery, here are some facts regarding tort reform: Medical malpractice has no place in the healthcare...
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Who Benefits From Damage Caps In Nursing Home Lawsuits?
Not surprisingly an article supporting damage caps in nursing home lawsuits was written by nursing home administrator, Carrie Ermshar in the Tennesseean.com. In her piece, Ermshar equates damages awarded to an injured person as a penalty against a nursing home. "We must ask ourselves a tough question: At the end of a lawsuit, who is really being punished?" Now, before anyone accuses me of taking Ms. Ermshar's comments out of context, I suggest you read her entire piece. Nonetheless, Ermshar's understanding of the reasoning behind nursing home litigation is off-base. Nursing home lawsuits are intended to compensate the injured party...
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Tennessee Legislature Attempts To Limit The Rights Of Injured Nursing Home Residents
Lawmakers in Tennessee are attempting to limit the rights of those injured due to nursing home abuse & neglect. Under a bill proposed by State Senators Jim Tracy (R-Shelbyville) and Randy Rinks (D- Savannah), nursing home residents injured or killed due to a facilities poor treatment would be limited to a recovery of $300,000 in non-economic damages. The bill would also place a cap on punitive damages against nursing homes of $600,000. This protectionist legislation would provide little incentive for poorly equipped nursing homes to 'clean up their act.' Taking the decision making process away from a jury of one's...
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