Elder Neglect

Nursing home neglect and abuse lawsuits are guided by state and federal statutes, administrative/regulatory rules, and common law principles. Attorneys working on these cases may draw on any of these in order to ensure proper accountability for nursing home owners, operators, caregivers, and others whose mistakes (or intentional actions) may cause harm to seniors.

Considering the various sources of law, sometimes these legal cases can be quite complex. At times, the basis for accountability is not straightforward. For example, most understand that an individual caregiver can be held responsible when they intentionally harm a senior. However, rules about oversight of those employees may also mean that the operators of a nursing home (or owner/shareholders) may similarly be accountable for the actions of their employees.

In addition, facilities can also be held accountable in various ways not only for the damaging mistakes they make, but also for their response (or failed response) to claims of neglect or abuse. In other words, the poor response itself is a separate form of negligence, on top of the underlying mistreatment.

Citations for Failing to Report Abuse
That principle was in play in sanctions doled out to one facility as reported by the News-Bulletin. According to the report, the facility in question was fined and placed on state-mandated probation as a result of its failure to report neglect allegations and implement changes to ensure abuse is not perpetrated on residents. Importantly, this punishment was not handed down because of the underlying potential abuse, but simply for the failure to follow appropriate steps when made aware of the allegations. The action is a testament to the seriousness that we all place on ensuring proper treatment of seniors.

The particulars of this case are similar to that which exist in facilities throughout Illinois. It seems that at least three seniors may have been physically and verbally abused. Specifically, several members of the caregiving team at the home knew of “intentional rudeness, refusal of care and services, and rough physical treatment of residents.”

Sadly, instead of stepping up and ensuring the problem was fixed, those caregivers turned the other cheek and did not take action.

This inaction occur at nursing homes across the country every day. It is one thing for outside observers to stay mum when they have suspicions of mistreatment. We encourage all those who suspect neglect to say something, but it is understandable that it takes a bit more for an outsider to recognize problems and speak up. Conversely, there is no excuse for an actual caregiver to remain silent when they know that a co-worker is harming residents. The very act of not coming forward is itself an act of neglect that needs to come with accountability. Nursing home abuse should never be swept under the rug, least of all by those best trained to recognize poor care.

The attorneys at our firm have decades of experience vindicating the rights of nursing home residents and their family members. Please get in touch without our team today if you have questions about mistreatment of an elderly loved one close to you.

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Arbitration Fairness Act of 2013 Introduced in Congress

Levin & Perconti Filed IL Nursing Home Lawsuit Against Applewood Rehabilitation Center

This week–May 12th through May 18th–represents the official “National Nursing Home Week.” With many participants, including the American Health Care Association (AHCA), the event is a yearly reminder of the needs of long-term care residents and the terrific work that so many valuable caregivers perform day in and day out. It is easy for those of us working on matters related to nursing home neglect and mistreatment to appear unconcerned with the great work that facilities are able to provide. But on the contrary, because we are so familiar with the many instances of poor care, we are better able to understand the value and service of great care, when it exists.

The theme of this year’s week-long event, according to the AHCA site on the event, is” “Team Care.” In summarizing the event, the site explains that the week is for the residents and dedicated staff who “pitch in for optimal outcomes.” This is a timely theme, as with the complex needs of many seniors, proper communication and shared commitments to positive outcomes for senior residents requires clear coordination between all members of the caregivers process. When too many nursing home employees are forced to go it alone or do not receive the support they need for owners and operators, harm results.

National Nursing Home Week Events
Facilities across the country are participating in the festivities–in big and small ways. The AHCA website, for example, include information that different homes have taken to build their own programs. Some of the events are designed to integrate the facility with the community. That includes inviting those into the who normally do not see it or bringing residents outside to mix with their neighbors.

This also includes ensuring friends and family members are involved as closely as possible with care. Our nursing home neglect lawyers know well that so many seniors who languish in terrible conditions are only brought out of the situation by the vigilance of friends and family members who do not let their suspicions be ignored. Proper “Team Care” goes well beyond paid employees of a home, as loved ones must maintain as close a relationship as possible with those in these long-term care settings so that problems (like bed sores) are caught early-on,before damage develops.

Other aspects of the “Team Care” that some homes are working on include:

* Developing relationships with local elementary schools, to offer seniors and students a chance to mingle, become pen pals, and otherwise learn from one another.

* Inviting community members–elected officials, businesses, non-profit groups–to come to the facility as a service project, performing a specific (i.e. repainting a room or building a garden).

Any facility that is still looking for last-minute participation should head over to the AHCA website to review the provided materials, which include sample press releases, activity lists, and more. Also, for community members, many local skilled nursing facilities may already have plans in place, and so it is worthwhile to contact a local facility and see if there is any way for you to participate as part of the Team Building theme of this year’s official event.

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Arbitration Fairness Act of 2013 Introduced in Congress

Levin & Perconti Filed IL Nursing Home Lawsuit Against Applewood Rehabilitation Center

A recent article in the New York Times discussed certain dangers that can await Parkinson’s patients when they’re admitted to hospitals. These patients require specific medications at certain times, and general hospital staff members aren’t educated about the needs that these patients have. As a result, Parkinson’s patients can be the victims of serious medication errors, and they can undergo severe side effects from seemingly routine hospital visits.

If an elderly parent or loved one has been mistreated while in the hospital, an experienced elder justice advocate can discuss the details of your case with you today.

Dangerous Consequences of Medication Errors

The New York Times provided an example of a specific Parkinson’s patient whose medication needs weren’t fulfilled while in the hospital for what was supposed to be “a short stay.” Roger Anderson, who has Parkinson’s, was supposed to have surgery “to relieve a painfully compressed spinal disk.” Anderson and his wife assumed the staff at the hospital in Portland, Oregon would know how to care for him.

Because he has Parkinson’s, Anderson must take certain medications “at precise intervals to replace the brain chemical dopamine, which is diminished by the disease.” His wife emphasized that there isn’t “much of a window” in administering these medications. She explained that, “if you have to wait an hour, you have tremendous problems.” When Parkinson’s patients don’t receive these drugs, they can “freeze” or be unable to move. In addition, they may develop “uncontrolled movements called dyskinesia,” and they can be more “prone to falls.”

However, the Portland hospital staff didn’t understand the severity of the situation, and the hospital rules prevented Anderson’s wife from administering these medications to her husband. As a result, serious medication errors occurred. With his disrupted medication schedule, combined with the stress of surgery, anesthesia, and a wound that became infected after surgery, Anderson was forced to stay in healthcare facilities for nearly three months. In fact, he developed delirium, had a fall, and ultimately lost 60 pounds. He managed to recover and return home, but his disease has since progressed, according to his wife. Unfortunately, Anderson’s experience seems to be the norm.

Are All Parkinson’s Patients At Risk During Routine Hospital Visits?

According to the National Institute of Health (NIH), older people with Parkinson’s tend to be hospitalized more frequently than other people their age, and often their hospital stays last longer, too. While all elder persons are going to face more dangers during routine hospital stays, neurologists believe that people with Parkinson’s tend to have “particularly hazardous” experiences in hospitals. Dr. Michael Okun, a neurologist at the University of Florida and the national medical director for the National Parkinson Foundation, explained that Parkinson’s is typically a disease that affects older adults, and they’re at greater risk for medication errors “even in good hospitals.”

Primarily, Okun emphasized that Parkinson’s patients “aren’t getting their meds on time, and they’re not getting the right meds.” And what’s worse is that many commonly prescribed drugs during routine hospital stays are actually dopamine blockers. For older patients with Parkinson’s, these drugs can have dangerous interactions and can cause severe results. The New York Times emphasized that “not everyone is as lucky as Roger Anderson.”

This is a serious issue facing older adults. There are some steps you can take to minimize the danger of hospital stays, including getting ahold of a free “Aware in Care” kit that includes a hospital bracelet to identify its wearer as a patient with Parkinson’s. However, many elderly people slip through the system. If an elderly parent or loved one has experienced medication errors while in the hospital, they could be entitled to compensation. Contact an experienced elder law attorney today to discuss your concerns.

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A West Virginia jury awarded $90.5 million in damages to a family who alleged nursing home abuse and neglect back in 2010. The nursing home has taken the case to the West Virginia Supreme Court once already, according to an article in West Virginia’s State Journal. And this time, they’re arguing that the state’s Medical Professional Liability Act (MPLA) should require the court to apportion damages in their favor.

This case could have important implications for nursing home abuse damages in California. While the West Virginia Supreme Court’s ruling won’t bind California courts, it may set the tone for the ways in which damages are approached and apportioned in nursing home abuse cases.

Details of the Nursing Home Neglect

In 2010, 87-year-old Dorothy Douglas died while in the care of a West Virginia nursing home. That same year, Tom Douglas, the victim’s son, filed a claim against Manor Care Inc., HCR Manor Care Services Inc., Healthcare and Retirement Corp. of America LLC, and Heartland Employment Services LLC. He alleged that his mother died because of severe dehydration and malnutrition while in the nursing home.

The nursing home argued instead that Dorothy Douglas died as a result of her dementia, and not from dehydration or malnutrition. The nursing home explained that she had been transferred to a hospice facility 18 days before her death due to her dementia-related health decline.

Jury Awards Whopping Verdict for Tom Douglas

When the case went to trial in Kanawha County Circuit Court, the jury awarded Tom Douglas (and his family) $91.5 million. In so doing, it found that the nursing home had been “responsible for ordinary and medical negligence,” and that it violated its fiduciary duties and portions of the Nursing Home Act in the state.

The jury awarded $11 million for the death itself, or compensatory damages, and $80 million in punitive damages. Punitive damages aren’t typically awarded to compensate the victim in a case, but rather to deter the defendant from engaging in this kind of conduct in the future. In many ways, punitive damages are a way for the jury to punish a defendant who has committed an especially bad act. Due to statutory caps on certain damages, the Kanawha County circuit judge reduced the award to $90.5 million.

The Nursing Home’s Appeals

The nursing home appealed to the West Virginia Supreme Court for a write of prohibition, arguing that there had been an error in the jury verdict form. If granted, a writ of prohibition could prevent enforcement of the Kanawha County Circuit Court’s order, which didn’t include this specific jury verdict form on the record. The West Virginia Supreme Court found in favor of the nursing home, allowing them to add their proposed verdict form to the record.

Now, the nursing home is appealing to the West Virginia Supreme Court again, but this time to reduce Douglas’s damages. The nursing home contends that the MPLA “supercedes the Nursing Home Act.” At the original trial, Douglas argued that damage caps through the MPLA wouldn’t apply because the majority of the jury’s damages were for ordinary negligence, and not medical negligence specifically. However, if the MPLA were to be applied in this case, the medical negligence damages would have to be capped at $594,000. This is significantly less than the jury’s original award. The nursing home makes a few other claims as well, including that damages were incorrectly awarded to Douglas’s daughter, who wasn’t named as a party in the lawsuit.

While we’ll have to wait to see how the West Virginia Supreme Court decides, experienced nursing home abuse attorneys are available to speak to you today about nursing home neglect and abuse in California. If you or an elderly loved one have been neglected or abused in a nursing home, you may be eligible for compensation. Contact us today.

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Long-term living locations catered to seniors are often referred to as “skilled nursing facilities” (nursing homes) and “assisted living facilities.” The basic distinction between these types of homes is the level of care provided to residents. Assisted living facilities provide only general aid, perhaps with meals, cleaning, laundry, and other day to day tasks. Conversely, skilled nursing facilities can provide actual medical care. Seniors with more serious health care issues usually need the support that is provided at a traditional nursing home instead of an assisted living facility.

However, the fact that skilled nursing facilities are able to provide some medical care also means that they may commit medical malpractice. One of the most common ways this happens is when nurses and aides make errors with regard to medication. Obviously many seniors in long-term care facilities rely on the various medications to help control different medical issues. When medication is not provided properly, serious harm can result.

A recent Legal Examiner story touched on that very issue. The article points to a study that we have referenced before from the Journal of the American Medical Informatics Association. That research project found a significant number of medication problem in nursing homes. As noted, the most eye-popping statistics from the research effort is that observers identified that about 21.2% of all dispensals of medication involved some error.

This is an alarming statistic on its face. There is simply no excuse for more than 2 out of every 10 cases of medication being provided to come with some error. Most regulatory agencies have caps on the amount of medication error levels that long-term care facilities are required to fall below. That rate is usually around 5 percent, which means that many facilities are not coming close to those standards. When a large number of facilities cannot meet common-sense safety benchmarks, we have a real problem.

Nursing Home Wrongful Death
Seniors are in nursing homes specifically because they have medical vulnerabilities. That means that mistakes related to their care can have more far-reaching impact than if the same mistake struck a younger, healthier individual. Caregivers know this, which is why they are required to act appropriately at all times to minimize the risk of preventable harm.

Sadly, that frequently does not happen, and lives are literally lost as a result. When that occurs, a nursing home wrongful death lawsuit may be filed to demand accountability. In the past these suits have been pursued for any number of errors, including giving the wrong medication to the wrong patient, providing the wrong dose to a resident, or forgetting to provide a critical medication at all.

In fact, the Legal Examiner story points to one Illinois case from earlier this year where a senior allegedly died as a result of a deadly medication combination. Neither the woman’s nursing home caregivers or doctor caught the problem, leading to her untimely and preventable death.

If a loved one that you know may have suffered ill-effects as the result of medication problems in a nursing home, please get in touch with our elder neglect attorneys to see how we can help.

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Arbitration Fairness Act of 2013 Introduced in Congress

Levin & Perconti Filed IL Nursing Home Lawsuit Against Applewood Rehabilitation Center

The fight to preserve everyone’s ability to make a case in front of a judge or jury continues. In the nursing home context, following elder abuse or neglect, one of the biggest impediments to that right is the use of confusing and unfair mandatory arbitration clauses in nursing home admission contracts.

There have been many legal battles over this issue in recent years. Some of those arguments occur in courtrooms while others are taking place in legislative halls. The recent court battles usually involve more detailed issues about contract principles–who signed, who is bound, and whether or not many factors in the creation of the contract violated fairness principles. In general, state and federal courts have upheld these agreements on occasion but also found that under certain circumstances they can be thrown out.

The fight at the legislative level is usually more sweeping, involving proposed laws that would affect many different cases. For example, this week a new federal law was proposed in Congress known as the Arbitration Fairness Act of 2013. As discussed by the American Association for Justice, the new law seeks to end the abusive practice of so many large corporations, including nursing home conglomerates, that seek to insulate themselves from legal accountability with forced arbitration. As the AAJ summarized, the law is critically needed, because when it comes to arbitration, “The process is secretive, costly and rigged so that corporations cannot be held accountable. By removing access to justice, it grants corporations a license to steal and violate the law.”

The Proposed Legislation
The Arbitration Fairness Act would end these practices. Specifically, the law bars the use of forced arbitration in all consumer, employment, civil rights, and anti-trust cases. Arbitration could still be pursued in these cases but only if it is actually voluntarily entered into by the parties–not in take-it-or-leave it situations clouded in fine print.

The law was introduced in the Senate by MN Senator Al Franken and in the House by GA Rep. Hank Johnson. So far 17 other Senators and 22 House members have signed on as co-sponsors.

However, considering the party split in Congress, the actual passage of the law faces an uphill battle. While it likely has a better chance of making it out of the Senate, it would take surprising changes for the full House to consider and pass the bill. Similar legislation has been introduced in recent years without passage. But that does not mean that the measure this year should not be promoted. The more information we share with other community members about the dangers and the need for arbitration reform, the better.

Protect Your Rights
The Chicago nursing home abuse lawyers at our firm urge all Illinois residents to be vigilant about the documents signed upon admission. If you are presented with a mandatory arbitration agreements, refuse to sign it. Considering the frequency with which neglect occurs and the severe harm that it may cause, it is never a good idea to give up you or your loved one’s right to a fair legal hearing via the traditional process.

For help understanding any of these issues following your own experience with elder abuse, please contact the nursing home neglect lawyers at our firm at any time.

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Nursing Home Industry Continues to Insulate Itself from Civil Accountability

U.S. Supreme Court Will Not Overrule Illinois Nursing Home Arbitration Case

Bed sores are one of the most well-known signs of inadequate nursing home care. When residents do not receive attentive aid over a period of time, these skin breakdowns may develop, causing serious injury, pain, and (in some cases) contributing to the death of a senior resident. Elder caregivers must be well-versed in these pressure ulcers, understanding how they develop and what needs to be done to make sure they are properly treated. If nursing home caregiver fail in this regard, then the civil law may allow the senior (or their family) to seek legal accountability.

Illinois Bed Sore Lawsuit
That is exactly what is happening in a new nursing home neglect lawsuit filed by our legal team at Levin & Perconti against the Applewood Rehabilitation Center in Matteson, Illinois. We are representing a family in the legal matter whose 81-year old senior relative passed away in January 2012 after a stay at the facility.

The senior first entered Applewood in November of 2011 after a serious stroke that paralyzed the right portion of her body. As often happens with those who suffer a stroke, the senior’s paralysis made it impossible for her to conduct basic maneuvers like shifting in bed, moving weight from one part of her body to another. These mobility challenges are a key factor in the development of pressure sores. The caregivers at Applewood knew this, and the senior was documented as “at-risk” for developing pressure sores upon her admission.

That documentation should have meant that caregivers took proper steps to prevent the development of sores–repositioning, proper nutrition, adequate hydration, etc.

Sadly, they failed in that regard. A little over a month after arriving at the facility she was brought to a local hospital. Once there she was diagnosed as suffering from dehydration. In addition, medical professionals discovered several bed sores, including one that was of the most serious variety (Stage IV) on her sacrum. These complications led to her death the following month.

The family eventually sought the aid of our Illinois bed sore lawyers. We recently filed suit on their behalf in the Circuit Court of Cook County. In summarizing the situation, our senior partner Attorney Steve M. Levin explained, “Our suit alleges that once she developed bed sores, staff should have notified her physician and family and then taken steps to prevent them from getting worse. Unfortunately, staff failed to do so, and their negligence contributed to her tragic death less than a month after leaving the facility.”

Levin went on to explain how these sorts of neglect cases are often spurred by management decisions at the facilities in question. For example, understaffing remains a serious problem when owners and operators do not devote the resources necessary to provide the care residents’ need in order to maximize their bottom line. When that happens, even the most well-meaning front-line care-workers are unable to provide the time, attention, and support they they would like to each resident. As a result of prioritizing profits over resident, many seniors suffer needlessly.

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Nursing Home Industry Continues to Insulate Itself from Civil Accountability

U.S. Supreme Court Will Not Overrule Illinois Nursing Home Arbitration Case

For decades the Illinois nursing home abuse lawyers at Levin & Perconti have aided local seniors and their families following nursing home neglect. While there is slowly a growing awareness of the real need to address the rampant nature of nursing home mistreatment (thanks largely to demographic changes), we still have a long way to go before nursing home residents are treated as well as possible in all locations.

Legal accountability following preventable harm is one of the key ways to improve overall care. If poor care is a financial negative for these owners and operators, then they are far more likely to do what it takes to raise standards. It is partially with that idea in mind that the state of Illinois has a law known as the Illinois Nursing Home Care Act. The statute outlines how private community member can hold nursing home accountable for their poor care–it is a critical legal protection for all Illinoisans. Our attorneys frequent protect resident rights based on the provisions in this law.

Recently, two of our attorneys contributed to an article published in the Law Bulletin’s “Law Day” publication discussing the nature of the Illinois Nursing Home Care Act. You can download the full article in .pdf form by clicking here.

Understanding the Illinois Nursing Home Care Act
In the story, attorneys Steve M. Levin and Margaret P. Battersby Black discuss the most recent changes to this law. Their article analyzes the impact that those changes will have on civil litigation related to nursing home abuse and neglect in Illinois.

In particular, the story takes a look at a 2010 modification to the law that alters the definition of “neglect” such that more instances of inadequate care may result in legal liability. Essentially, the change eliminates the need to prove that failure to provide care caused injury by expanding the definition to include instances where injury did not directly result.

In addition, there is a “fee shifting” provision in the new law. This means that, if liability is found, then the defendant nursing home is required to pay for costs and attorneys fees. In general, all costs and fees are borne separately by each party in a lawsuit, regardless of the outcome. By changing the rules in these cases, private attorneys are now able to pursue worthy cases where clearly inadequate care is provided, but compensable injury is minimal or non-existent.

For example, in cases where basic care like bathing, nutrition, etc. is not provided, it may be difficult to show injury that would result in economic harm. Because these cases are taken on a contingency fee basis, without the possibility of clear injury it is usually difficult to pursue these worthy matters. However, by shifting the obligation of attorney’s fees onto defendants, private attorneys will more readily take on meritorious cases of obvious neglect, even if specific harm cannot be proven or has yet to occur. In many ways it is helpful to think of this change as allowing for more preventative liability–savings lives by not requiring severe injury before demanding accountability.

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Nursing Home Industry Continues to Insulate Itself from Civil Accountability

U.S. Supreme Court Will Not Overrule Illinois Nursing Home Arbitration Case

A recent study in JAMA Internal Medicine confirmed that abused and neglected elderly persons face much higher risks for hospitalization, and not necessarily for injuries suffered as a result of their mistreatment. According to Dr. Theresa Soriano, an associate professor of medicine in geriatrics and palliative care in the Icahn School of Medicine at Mount Sinai, “It is understandable how a vulnerable older person experiencing abuse may fail to prioritize the prevention or care of their health conditions.”

Hospitalization rates especially tend to increase when elderly persons rely upon an abusive family member as a caregiver. They can miss medical appointments, adhere poorly to required diets and medication schedules, and they can experience increased stress and anxiety. As a result, all of these things can contribute to “poor control of any medical conditions and increased hospitalizations,” according to an article in Health magazine.

Details of the Study
The recent study analyzed information from more than 6,500 older adults who participated in the Chicago Health and Aging Project. Dr. XinQi Dong from Rush University Medical Center and Dr. Melissa Simon from Northwestern University Medical Center led the study.

They gathered reports from various social service agencies to identify 106 elder persons who were victims of abuse between 1993 and 2010. The researchers then reviewed hospitalization rates compiled by the U.S. Centers for Medicare and Medicaid Services, and they found that “the annual rate of hospitalization was more than doubled for those who reported elder abuse versus those who did not.”

When drawing final conclusions, the researchers determined that all kinds of elder abuse can affect hospitalization rates—not just physical abuse and neglect. In fact, they concluded that “elderly people who suffered psychological abuse, financial exploitation, caregiver neglect, or two or more types of abuse were hospitalized more frequently than those without reported elder abuse.”

With hospitalization rates increasing for older adults, should we be asking if elder abuse is a growing problem in the U.S.?

Experts Suggest Elder Mistreatment is a Growing Problem
In addition to the medical experts who conducted the study for JAMA Internal Medicine, other experts in the field also worry that elder abuse leading to higher hospitalization rates is a problem that isn’t going away.

According to Dr. Gisele Wolf-Klein, the director of geriatric education at the North Shore-LIJ Health System in New York, about 10 percent of elderly persons in America are victims of abuse, and “the trend is increasing.” In fact, Wolf-Klein indicated that psychological abuse may be a primary culprit for hospitalization.

What can we do? The important thing is to spot elder abuse early and to report it to social services agencies. While this can be a challenge for many reasons, early reporting can help to reduce the rates of elder hospitalization. And Wolf-Klein suggests that some caregivers may be relieved to have assistance from social services agencies. “The ultimate goal for our society,” she explains, “is to enable these social services agencies to provide overwhelmed caregivers of older adults with the support they need on a daily basis, in order to successfully manage the complex demands of frail patients totally dependent on others.”

If you suspect that an elderly loved one has been a victim of elder abuse or neglect, contact an experienced attorney today to discuss your case.

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Nursing Homes As “Safe Places” For Older Adults Facing Abuse?
Quality of Life

Fairness does not seem like that difficult of a concept to grasp. After all, that is essentially what the justice system is all aboard–creating an environment where two sides with a disagreement to have the matter resolved in as fair a way as possible. Rules are intended to apply equally to both sides, and decisions decided by a neutral third party (if not settled by the parties themselves first).

That is certainly how is is supposed to work when it comes to nursing home neglect cases. A resident or family claims that negligent care was provided, and they are able to provide evidence to back up their claims in court while the facility is able to offer counter-evidence. A neutral third party–often a jury–is able to weigh the evidence and make a decision. Seems fair, right?

Sadly, the nursing home industry does not seem to care that much about fairness. At both the state and federal level lobbyists for the industry are working to change the legal rules–tilting them in their favor and away from individual residents and their families. Of course, individual community members cannot afford to pay high-profile lobbyists to protect their rights. That makes it incumbent upon all of us who care about proper nursing home care and the legal rights of elder neglect victims to stand up and make noise whenever policymakers are seeking to change rules yet again in violation of basic rules of fairness.

Punitive Damage and Liability Standards
That is exactly what seems to be happening down in Florida, as state lawmakers are considering passage of a law that changes the legal rules to make it harder for nursing homes to be punished when they provide inadequate care that harms residents.

In particular, as discussed in Tampa Tribune article from late April, the state may raise the standard regarding what a party must show before a jury may award punitive damages against the facility. Punitive damages are those awarded irrespective of economic or noneconomic damages to the specific plaintiff. Instead they are based on actually punishing the facility for their egregious conduct.

Per the proposed law, plaintiffs would now be required to show “conclusive evidence of abuse” or “severe misconduct.” Lawyers working on these cases know what these small changes actually mean–nursing homes will be virtually completely shielded from punitive liability. That is not because they do not cause severe harm, but because meeting the evidentiary standard is virtually impossible in most cases.

The Tribune editorial on the matter–in which they call for the bill to be defeated–summarized one key problem: “Under the bill being proposed, only nursing home owners found to have ‘actively and knowingly participated in intentional misconduct’ would be liable for punitive damages. That would reward an owner’s ignorance of their own operations.”

The bottom line cannot be repeated enough: Nursing homes should not be allowed to hide from legal responsibility for their poor care by changing the rules. No one who values fairness should stand idly by while these powerful interest force through dangerous legislation that does nothing more than allow negligent senior care to perpetuate without accountability.

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U.S. Supreme Court Will Not Overrule Illinois Nursing Home Abuse Case

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