Elder Law

Advocates Explain Problems with Nursing Home Liability Limits

By Levin & Perconti

Each day brings news of more nursing home residents harmed and sometimes killed because of poor oversight provided by their caregivers. When that happens, the law provides a method of redress that allows the victims to hold the negligent nursing home accountable for their mistakes. This basic process is one of the most effective ways of ensuring the proper treatment of our vulnerable elders.

However, some groups are seeking to erode the rights of nursing home victims. The Journal-Sentinel Online reported this week on proposed legislation that would impose arbitrary caps on jury decisions following nursing home lawsuits. The law would add malpractice cases against nursing homes, hospices, and assisted living facilities to the list of suits that have a cap on the award a jury can reach for certain damages. Many advocates argue that the new law will only insulate bad nursing homes from liability and will serve as a disincentive to necessary improvements.

The mother of a 26-year old nursing home resident who died because of her caregiver?s negligence explained, ?The idea that our lawmakers now want to shield nursing homes from full responsibility for their neglect is the worst kind of public policy at the worst of times.?

Full post as published by Illinois Nursing Home Abuse Blog on January 20, 2011 (boomark / email).