Bush Administration's Secret Rule Hurts Nursing Home Abuse Victims

The Bush Administration put a rule in place that designates state nursing home inspectors and Medicare and Medicaid contractors as "federal employees" according to an article in The Washington Post.  The public was not informed of this change and was not given any opportunity to comment or protest this change.  You may ask:  What's the big deal about that?  Here is the big deal:  this designation means that state nursing home inspectors do not have to provide evidence relating to nursing home inspections in civil litigation.  The information in those inspections can be crucial in holding nursing homes accountable for negligent or abusive injuries to patients.  The effect is already being felt in civil cases across the country.  Routine requests for information in negligence and abuse cases are now tied up in bureaucratic red tape, to the detriment of the victims.  I see victims of nursing home abuse and neglect every day in my law practice.  The information from state inspectors is vital to investigations of these claims and should be a matter of public record.  There is no justification for keeping it secret. 

Limits on Damages in Lawsuits Against Nursing Homes

I read an article recently about attempts to limit damages in lawsuits against nursing homes in Tennessee.  Maryland has had these limits in all personal injury cases for many years.  The nursing home industry argues that these limits are necessary because the cost of defending "frivolous" lawsuits takes away resources that would otherwise go to patient care.  Who are they kidding?  One problem with this argument is that the nursing home industry defines all lawsuits as "frivolous", even when patients have suffered terrible injuries or death due to neglect.  In my experience representing patients who have been injured by substandard care in nursing homes, the nursing home industry will readily pay tens of thousands of dollars to defend cases where their negligence is clear and, in the end, pay significant amounts in a settlement or verdict.  That just does not make sense.  Wouldn't that money be better spent on hiring more staff to care for the patients and training the staff already there?
 
Another problem with the industry's argument is that the facts do not support it.  Take Maryland as an example.  We have had limits on damages in injury cases for over 2 decades.  Has this improved the care in nursing homes?  Looking at the Medicare Nursing Home Compare website you would have to say NO.  There are a significant number of nursing homes in Maryland rated "below average" and "much below average", especially the corporate homes such as Manor Care and Future Care.  Apparently the savings from limited damages are not being spent to improve patient care.  For more information on nursing home lawsuits visit my website.

Nursing home resident found dead outside of the nursing home

The Baltimore Examiner carried a story today about a nursing home resident in Missouri who was found dead in her wheelchair outside of the facility on Christmas Eve.  According to the authorities the woman'd death will be classified as "unnatural" and "weather related".  Her family said that she did not suffer from dementia and would need help to get in her wheelchair and outside of the facility.  The nursing home, Northgate Park, has a 1 star overall rating (out of 5) by Medicare.  It is impossible to understand how this could happen to a patient who was so vulnerable and in need of assistance and supervision.  It also emphasizes the importance of gathering as much information as possible about any nursing home that you or someone in your family may need to use.  A great place to start is the Medicare website, Nursing Home Compare.  I see problems like this frequently in my Nursing Home Abuse practice.  If you think that a loved one has suffered from negligence or abuse in a nursing home call me for a free consultation.