South Carolina Nursing Home Blog

$5.2 Million Verdict in Arkansas

Ray Mullman — Sun, 19 May 2013 09:37:22 -0500

The Arkansas Times reported a jury in Arkansas returned a unanimous verdict finding that the Greenbrier Nursing and Rehabilitation Center had been negligent in the care and treatment of Martha Bull. Bull was admitted March 28, 2008 for 30 days of short term rehabilitation. During the night of April 6, 2008 she was in severe pain, sweating and unable to have a bowel movement. Nothing was done. The next shift, she continued to complain. A physician was finally called at 2:20 p.m. April 7. He ordered her transferred immediately to an emergency room. The director of nursing received the fax at 3:34 p.m., but was leaving for the day. The nursing director failed to properly communicate the order. No one saw the fax or was aware of it til after she was found dead. Bull wasn't sent to the emergency room. She screamed throughout the afternoon, so loudly that residents on other halls complained. She was found dead at 10:20 p.m. April 7. The faxed physician's order was found the next day.

The jury found the nursing home guilty of negligence, medical malpractice and violation of resident's rights. The poorly trained and overworked nursing staff failed to follow doctor's orders for emergency services and treatment of severe abdominal pain. The jury awarded damages for pain, suffering and mental anguish at $5.2 million.

Even a frivolous and unsuccessful defense appeal will only be the beginning of a long road toward collection, if any. Defense counsel spent all the liability insurance coverage for legal costs and fees — $100,000 in this case. Defendants hired six different defense lawyers. The nursing home is controlled by Central Arkansas Nursing Centers, a private company headed by Michael Morton of Fort Smith. The individual nursing homes were organized as "freestanding limited liability corporations", with licenses separate from physical property and small liability insurance policies through a self-insurance-style program based in Bermuda.

The nursing home fought the case for four years but as a trial strategy admitted in the early stage of the trial "that a mistake was made." The admission of a mistake came only after the trial began. If sincere, it should have done so long ago, expressed regret and demonstrated sincerity by trying to make things right.

Cost of Care and Staffing

Ray Mullman — Sat, 18 May 2013 07:29:33 -0500

The Columbus Dispatch had an interesting report on the excessive cost of nursing home care.

When Teresa Horstman of Madison County in Ohio was concerned about her father who she says “lived his life with dignity” and was then suffering from dementia, she wanted him to have the highest quality of life. This prompted her to upgraded his assisted-living room to the most advanced care option offered at Springfield nursing home. However, Teresa feels that for the high price she was paying, her father was not getting the improved quality of care that he should. “Attention from the staff was lacking, she said. And, she recalls, a physician who made rounds there failed to respond to her repeated requests that Mr. Horstman receive a clinical evaluation of his condition.”

She says that her father worked his entire life, along with raising nine children and now his life savings are almost exhausted paying for a poor level of care. “He had to sell his belongings. Here we were draining his bank account so he could sit around at a home in poopy diapers.”
Nursing homes defend their prices saying since most resident require help with at least four or more daily activities including bathing, feeding, toileting, and transferring they receive a lot of services that are well worth the price. However, many nursing homes claim their prices are justified by the level of care they provide, however it is important to consider if residents are actually receiving the care they pay for.

Nursing homes say that due to a bad economy and a growing number of elderly individuals that are choosing to receive in-home care rather than move to a facility, the market is very competitive and they cannot continue to raise prices. Rather than increase the price and risk losing customers, nursing homes are finding other ways to cut cost such as cutting staff, often at the expense of their residents. Nursing homes decease their staff size and cut employee benefits to save money which compromises the level of resident care. This hurts residents who are not receiving the level of care they pay for since employees who are overworked and under compensated cannot preform their duties.

New Study on Medication Errors

Ray Mullman — Fri, 17 May 2013 07:34:06 -0500

The Legal Examiner reported on the astounding number of medication errors occurring in nursing homes. Researchers from the Journal of the American Medical Informatics Association observed nursing home staff administering medication to 127 residents and found 428 errors, totaling an alarming 21.2 percent of all medication administrations. Another study reaffirmed these startling findings, showing that the repeated errors in nursing homes were a “common occurrence”and, obviously, were more likely to cause harm to residents than non-repeated errors.

Medication errors including giving the wrong dose of medication, giving it at the improper time, or incorrectly following doctor’s orders while administering the medication. While the amount of errors in long-term care nursing homes are alarmingly high, the American Journal of Geriatric Pharmacology found that rates are even higher in assisted-living facilities. This can be attributed to the fact that improperly trained, non-nursing staff is given the responsibility of administering medications. In another study the Journal of General Internal Medicine found that these errors “were the rule rather then the exception” and that many errors involved risky drugs such as hypoglycemic agents and anticoagulants.

Paul Woodley of Saratoga Springs, NY experienced the consequences of medication errors when his wife, who was a resident of Maplewood Manor Nursing Home, was mistakenly administered a dose of insulin intended for her roommate. As a result she suffered from dehydration, pneumonia, and an urinary tract infection until she died sixteen days later.

The American Association of Retired Persons reports that on average Americans age 75 and older typically take over 11 medications each day. With this many medications it is very important that nursing home staff are especially vigilant and correctly trained. Sadly, the current number of medication administration errors is very preventable and likely attributed to the under-staffing and lack of training provided to staff.

Video Camera Bill in South Carolina

Ray Mullman — Thu, 16 May 2013 07:53:30 -0500

The Post and Courier reported that Charleston state senator Paul Thurmond introduced a bill to make it clear that families have electronic surveillance at their disposal in gauging loved ones’ quality of care. The measure would require state-licensed facilities to inform residents and their relatives of the tool. It also devises criminal penalties for anyone who interferes with the equipment, known colloquially as “granny cams.” The goal and purpose is to deter abuse abd fraud, and catch sexual predators.

Sen. Thurmond, R-Charleston, drafted the current bill that allows video to be used in criminal and civil courts. Thurmond said he modeled the measure after one that Oklahoma lawmakers unanimously approved. Texas, New Mexico and Maryland also allow video cameras. Since the early 2000s, about a dozen states have considered such measures.

The bill would require permission only from the resident featured, or from a legal representative.
Among its provisions, the law would penalize anyone who tampers with the cameras.

The Arbitration Fairness Act of 2013

Ray Mullman — Wed, 15 May 2013 07:12:19 -0500

The Arbitration Fairness Act of 2013 was introduced in Congress. The House bill had 22 cosponsors and the Senate bill had 17 cosponsors to reintroduce the bill in the 113th Congress.

See press release from Take Justice Back.

The Facts

•The AFA would eliminate forced arbitration in employment, consumer, civil rights, and anti-trust cases.
•The AFA would ensure that the decision to arbitrate is truly voluntary.
•The AFA would restore fundamental rights created by state and federal laws that are currently at risk of being wiped out by forced arbitration.

What can you do now? Please take the following actions today.

1. Contact your member of Congress today and tell them you support the legislation.

2 Send an email to Congress through Take Justice Back: http://ow.ly/kNOXh

3. Ask your friends and colleagues to act.

4 Share the Take Justice Back action item with them: http://ow.ly/kNOXh

5. Spread the word--Email the press release to your colleagues and media contacts.

6 Share this Facebook post: http://ow.ly/kNPpN

7 Retweet on twitter: http://ow.ly/kNP4F

Patient Monitoring System

Ray Mullman — Tue, 14 May 2013 07:18:38 -0500

Market Watch reported that EarlySense, the market leader in Proactive Patient Care Solutions™, announced the results of a multi-center clinical study demonstrating that the EarlySense system helps medical teams at rehabilitation centers to reduce patient falls as well as the number of patients transferred back to the hospital. The clinical data was collected from The Hebrew Home at Riverdale, NY and Dorot Medical Center in Israel. The data was presented today at the 2013 Annual Scientific Meeting of the American Geriatrics Society (AGS) by Hebrew Home medical director and study principal investigator Dr. Zachary J. Palace in a poster titled The Effect of a Continuous Patient Monitoring System on Reducing Hospitalization and Falls in Skilled Nursing Facilities. For additional information, please visit http://www.earlysense.com.

Dr. Palace said, "The implementation of EarlySense on the post-acute care units has demonstrated a significant decrease in the total number of falls and a trend towards reduction in the readmission rate back to hospitals, thus improving the overall quality of care for the elderly. The system also alerted regarding early warning signs of patient deterioration which enabled our medical team to proactively respond and literally save four lives. As clinicians we are always on the lookout for better ways to provide safer, more effective care for our patients."

Dr. Palace continued, "Patient falls and subsequent hospital transfers are an ongoing challenge for most rehabilitation centers. The EarlySense system is the first technology to help us more effectively and proactively respond to early warning signs of deterioration and potential falls to secure better patient outcomes. We've experienced success and look forward to continuing this trend."

Dorot Medical Center principal investigator Dr. Gad Mendelson said, "As the population ages, we are seeing a growing need to provide safer, smarter care without increasing our staffing level. In this clinical trial, we saw that the continuous monitoring nature of the EarlySense system and its low level of false alarms allowed our team to reach deteriorating patients earlier without creating alarm fatigue."

About EarlySense

EarlySense has brought to market an innovative technology designed to advance proactive patient care and enable clinicians to achieve better patient outcomes, by assisting in preventing adverse events from occurring through the early identification of potential adverse events, in the form of falls, pressure ulcers and/or patient deterioration. The company's flagship product, the EarlySense System, is a continuous, contact-free, patient safety monitoring solution that monitors and documents a patient's vital signs and movement using a sensor that is placed underneath a bed mattress. There are no leads or cuffs to connect to the patient who has complete freedom of movement and is not burdened by any cumbersome attachments. The system was initially designed to monitor non-ICU 'lower risk' patients on medical surgical floors who are usually monitored by nursing staff approximately once every four hours. The system is currently installed at hospitals and rehabilitation centers in the USA and Europe. It is also commercially available in Canada. Hospital administrators report that patients, their families and staff feel more comfortable knowing the system is in place. EarlySense Inc. is headquartered in Waltham, MA. Investors include: JK&B, Pitango Venture Capital, Etgar Challenge Fund, ProSeed VC Fund (tase:PRSD), Docor International Management, Noaber, and Bridge Investment Fund, and Peter Soderberg, managing partner of Worthy Ventures Resources, LLC and former president and CEO of Hill-Rom Holdings, Inc. /quotes/zigman/500277/quotes/nls/hrc HRC +0.93% .

REITs are the New Slum Lords

Ray Mullman — Mon, 13 May 2013 07:46:31 -0500

The Wall St. Journal reported that "some of the nation’s largest health-care landlords are pulling back from nursing homes on concerns they will be less profitable in an era of steep Medicare and Medicaid cuts." Health Care REIT Inc., which leases to about 250 nursing homes nationwide, and Senior Housing Properties Trust, which is the landlord to nearly 50 nursing homes, have indicated they are greatly reducing their exposure or that they might exit the sector.

"Ventas Inc., one of the largest health-care landlords in the U.S., said it is comfortable with the approximately 300 nursing homes it already houses but won’t make major new acquisitions in the sector until there is more clarity on Medicare rates. Instead, Ventas plans to expand into assisted-living properties that aren’t dependent on government subsidies."

REIT equity investors remain attracted to nursing-home landlords, in part because of their relatively high dividend yields. Health Care REIT’s share price is up 22.6% so far this year and it pays a dividend yield of 4%, higher than the 3.3% yield for the overall REIT sector.

These entitlement programs combined make up about 90% of nursing-home revenue. If they are diminished, some nursing homes could have difficulty paying their rent. Medicare pays for patients admitted for post-surgery rehabilitation for stays around 90 days or less. Medicaid, accounting for about 70% of most nursing-homes’ revenue, subsidizes longer stays for indigent elderly patients. The sequester will result in $11 billion in reduced revenue to Medicare providers. That is on top of an estimated $7 billion shortfall in Medicaid reimbursements nationwide last year, a 14.3% jump from 2011, according to the American Health Care Association.

Some nursing-home landlords say the market risk is overstated. If the sequester-induced cuts do occur, “We don’t believe it will have a big impact on the operators profitability,” said Craig Bernfield, chief executive and founder of Aviv REIT Inc., based in Chicago.

Technology Assists Caregivers

Ray Mullman — Sun, 12 May 2013 08:10:57 -0500

In a recent article by The Washington Post, the issue of how technology can help residents and caregivers were explored. There are several apps, programs, and tools that can help make life a little easier for caregivers.

Instead of a paper list of medications, time they should be taken, and refill times, a new app called Balance that allows users to create that list on their phones. The $3.99 app was released by the National Alzheimer Center. The medication list is just a part of what the app offers. It also provides caregiving tips, notes for doctor appointments, and a news feed about Alzheimer’s.

The Alzheimer’s Association has a program called Comfort Zone which is a tracking program. The person with Alzheimer’s wears a tracking device. As they go places, the data is sent to the program, which can be checked from a phone, an iPad, a computer, etc. The family member knows where the person is going. Tracking programs like these are especially useful because they provide freedom for people who don’t need to be under supervision. The tracking program allows family members to see the person’s patterns, and as the disease progresses, it can become clear that further action needs to be taken.

Autism Speaks has given iPads to low income families in an attempt to create better communication between autistic children and caregivers. There are a number of programs which can be used on the iPad and computer which help organize information about medicines, appointments, behavioral notes, etc. However, there are also programs designed to foster learning. Since many autistic children face issues with social communication and behavioral impairments, these devices can provide an outlet for their opinions and their thoughts without being physically taxing. iPads can also be a reward. When lessons are finished, children can play with the iPad or watch videos.

Vice President of the Alzheimer’s Association Beth Kallmyer suggests that we be cautious in moving forward with these tools. She believes that it’s too early to depend on these tools completely. As she says, the population affected with Alzheimer’s is the older generation and sometimes they don’t feel comfortable with this technology.

New Technology To Keep in Touch

Ray Mullman — Sat, 11 May 2013 07:56:31 -0500

Technology is the next best thing to being there. At least that’s what some nursing home residents are saying. A new program which provides computers and services to residents is creating communication where previously there had been none. Using services like CanConnect, which is a Skype based program that uses larger buttons and a simpler interface, residents can call, video chat, and even attend events.

Where a resident might not be able to attend a wedding, using this technology, they can still be there. The program is also useful for families who live in different states. If a resident of a North Carolina nursing home has family in Charleston, SC, then the family won’t be able to visit as often as they might wish. Using these types of video interfaces, families who are miles apart can reconnect. See article at Citizens Voice.

Verdict Against Sava in Colorado

Ray Mullman — Fri, 10 May 2013 09:49:52 -0500

SavaSeniorCare is one the biggest and most profitable nursing home chains in the U.S owned and operated by entities controlled by New York tycoons Murray Forman and Leonard Grunstein. Last week, a jury in Colorado punished the billion dollar chain with a verdict of $3.7 million. $3.5 million in punitive damages against Belmont Lodge Health Care Center and $200,000 to be awarded to Margaret Smith for her pain and suffering.
See articles at KOAA, The Denver Channel, and KRDO.

Sava run Belmont Lodge Health Care Center in Pueblo caused the wrongful death of 88-year-old Janet Smith in May 2011. Smith served as a nurse in World War II and the Korean War. Denver-based attorney Jordan Levine represented Smith's daughter, Margaret, who sued after her mother's condition rapidly deteriorated resulting in her death shortly after entering Belmont Lodge for rehabilitation of two broken ankles in April 2011. As a result, she was outfitted with a foley catheter so that she could urinate. Defendants' reckless conduct and neglect related to the monitoring and care for that catheter by Belmont Lodge staff led to a severe urinary tract infection, resulting in Janet's death.

"The nurses failed to keep accurate records, the CNAs failed to keep accurate records, and then one of the records was doctored, falsified," Levine said. "It's not really what's in those records, it's what's not in those records," he said.

Margaret had been at her mother's bedside in the days immediately prior and Janet was alert and communicative. Margaret noticed that the urine in the catheter bag had started turning darker and darker, yet no staff from Belmont Lodge came to empty it or check on it. The next day, May 8, 2011 -- Mother's Day -- Janet was found unresponsive in her room and was sent to Parkview Medical Center.

Levine argued that incomplete and falsified record-keeping on Janet Smith by Belmont Lodge nurses and staff amounted to gross negligence. "The rules are that you're supposed to empty the (catheter) bag, clean the area, and monitor for signs of infection and there was no monitoring whatsoever," Levine said. "All you have to do is order a urinalysis and call the doctor and they didn't do either of those things."

Levine argued that long gaps between visits by nurses or staff compounded the negligence. "There are gaps of 19 hours, 22 hours, and 12 hours of no record of any CNA going in the room," Levine said.

Margaret Smith says employees at the nursing home falsified documents, saying they gave her mother care she never received. "I would want people to know that there are still people there that I don't know that they're getting the treatment they need and it has haunted me for two years," Margaret Smith said.

Verdict Against Sava in Colorado

Ray Mullman — Fri, 10 May 2013 09:49:52 -0500

Levine argued that long gaps between visits by nurses or staff compounded the negligence. "There are gaps of 19 hours, 22 hours, and 12 hours of no record of any CNA going in the room," Levine said.

Home Health Workers Need Protection

Ray Mullman — Thu, 09 May 2013 08:30:02 -0500

Kaiser Health News had an interesting article on attempts to provide a living wage to home health workers. Close to 2 million in-home care workers and personal care aides in the United States don’t always get paid for overtime work or receive minimum wage, according to the U.S. Department of Labor. The average yearly salary for home health aides in 2012 was only $21,830, according to the Labor Department.

In December, 2011, President Obama proposed a revision to the Fair Labor Standards Act that would extend both overtime and minimum wage protections to home-care workers employed by third parties, such as home care agencies.

"The (current) rules don’t really reflect the job being done by home health aides and home care aides," said Steven Edelstein, the national policy director of PHI National, a nonprofit group that aims to improve working conditions for direct-care workers. "When the (companion services) exception was first created, they were looking to provide an exception to friends and neighbors who would be helping out, not a situation where people are making their livelihood by providing long term services and support."

The demand for home health aides is expected to increase by 69 percent between 2010 and 2020, PHI estimates, and is potentially fueled by ongoing efforts to keep seniors and the disabled out of nursing homes.

Murderer Claims Mercy Killings

Ray Mullman — Thu, 09 May 2013 07:43:58 -0500

In a recent interview with 60 Minutes, the man charged with killing 29 patients attempted to explain the reason behind his murderous spree. Charles Cullen was charged with 29 deaths, but he claims to have killed 40 patients total. Some believe this is a conservative estimate and that he may be responsible for as many as 400 deaths.

So why did the man who might be the most prolific killer in American history commit these crimes? He now claims that they were mercy killings, that he felt compelled to end patients’ suffering. How ridiculous. Who gave him the right to play God?

Most of his victims were not even close to death. When reminded of this, Cullen says that there is ‘no justification’ and that he ‘felt compelled at the time.’ Cullen did express remorse for his crimes, but stated that had he not been caught, he wasn’t sure that he would have stopped. Cullen admits to killing 40 patients at nine hospitals and a nursing home. See article at Daily Mall.

Resident to Resident Rape

Ray Mullman — Wed, 08 May 2013 13:08:50 -0500

Cincinnati.com reported that a nursing home resident with an extensive criminal history is accused of raping another resident inside her room this week. Edward C. White, 57, was arrested on one count of rape. Springfield Township police charged White with forcing himself on the woman at the Heartland of Mount Airy. The victim told him “no,” and “stop,” the arrest report states.

White has an extensive criminal record dating back at least 30 years in Hamilton County.
He has been charged with four violent felonies including attempted murder, four other felonies and 13 misdemeanors. He was convicted of involuntary manslaughter in 1981 and served three years in a prison. He returned to prison four other times between 1988 and 2002 following convictions for aggravated assault, forgery and illegally having a gun, according to the Ohio Department of Rehabilitation and Correction.

The for-profit nursing home is owned by Toledo-based HCR Manor Care. The company operates more than 500 nursing homes and rehabilitation centers nationwide and has 60,000 employees, according to the company’s web site. It was purchased by private equity company Carlyle Group in 2007.

What is Adequate Staffing?

Ray Mullman — Wed, 08 May 2013 07:12:11 -0500

Well, it all depends on the number of residents and the condition of those residents. Patients in hospitals and residents in nursing homes are much sicker than they used to be and require much more complex care. Legislatures in at least seven states and the District of Columbia are trying to answer that question as they debate bills that would require a minimum number of nurses on staff at all times. At the heart of all these bills is a minimum nurse-to-patient ratio -- a fixed number of nurses per patient.

California is the only state that has a minimum nurse staffing law. Since then, nurse staffing laws have failed in every other state because industry lobbyists intimidate politicians. Many nurses and experts say legislation is needed to prevent cost-conscious hospitals from endangering patients by putting too large of a workload on too few nurses. Short-staffings leads to burn-out, abuse, and neglect.

A 2004 survey of research conducted by the U.S. Agency for Healthcare Research and Quality found that patients at hospitals with low nurse-to-patient ratios fare worse than those at hospitals with higher ratios.

Using Nonprofits to Maximize Sale Profits

Ray Mullman — Tue, 07 May 2013 07:02:23 -0500

The Tennessean reported that National Health Investors which owns the national for-profit nursing home chain National Health Care settled with two nonprofit entities they created and to which they were accused of selling nursing homes at inflated prices. In the suit the court-appointed receiver filed, the company was accused of selling failed or foreclosed homes that owed it money at inflated prices to the nonprofits it formed to maximize recovery of the loans, instead of selling the facilities on the open market.

The settlement resolves the legal dispute over fairness of the deals under which the nursing homes were sold by Murfreesboro-based NHI to the nonprofits and eventually managed by National Healthcare Corp. The nonprofits paid more than what the homes were worth. The settlements are designed to help reduce the nonprofits’ debt to NHI. NHI will lease the facilities in Massachusetts and New Hampshire to NHC, which "manages" them for the nonprofit.

"A Davidson County chancery judge will likely decide how to dole out $40 million in settlement money to select charities across Tennessee that will result largely from a court-appointed receiver’s sale of 14 nursing homes and other assets of the nonprofits, which are SeniorTrust of Florida Inc. and ElderTrust of Florida Inc."

Both NHI, a real estate investment trust, and NHC, a nursing homes operator, are publicly traded companies headquartered in Murfreesboro. Along with the $44 million from NHI’s settlement of the previous dispute that involved nonprofit Care Foundation of America, the amount going to charities statewide should rise to $84 million.

Tort Reform Does Nothing to Improve Care

Ray Mullman — Mon, 06 May 2013 13:37:42 -0500

Consumer advocate and nursing home expert Brian Lee wrote a guest column for Florida's Herald Tribune on the new tort reform measures to protect the nursing home industry. Below are some excerpts.

In his recent guest column, "Nursing home articles disputed," the nursing home industry's lead lobbyist and spokesperson, Emmett Reed, claimed that he would "set the record straight" on Senate Bill 1384 -- an awful bill sponsored by Sen. Bill Galvano.

Unfortunately, Reed never actually got to the record.

Instead of presenting clear and convincing evidence on how this legislation would benefit residents, he has offered obfuscations shrouded in a great deal of industry spin.

First, Reed claims that his bill will "continue" to "ensure" that nursing homes are held to the "highest standards."

That is simply not true.

Not a single line, phrase or word -- not even a comma -- in the bill addresses the standard of care. Does Reed's definition of "highest standard" recognize the 17,021 deficiencies cited at Florida nursing homes, 50 percent of which were directly related to resident care, during the past three years, more than $4.6 million in federal fines against nursing homes in the state, and the fact that one in five nursing homes are so bad they are on the state's notorious watch list? If this is Florida's definition of "highest standard," it is a sorry one.

Nurse hours at low level. Reed also states that nursing home residents are "receiving more time with nurses on a daily basis." Also not true.

The latest federal staffing data compiled by independent sources (Online Survey, Certification and Reporting) show that Florida's total nurse hours have dropped to their lowest levels in the last five years. Absolutely nothing in SB 1384 would guarantee higher staffing levels for residents.

Reed has the audacity to assert that injured residents and their personal injury lawyers deprive nursing homes of resources "devoted" to the care of residents. What? This makes no sense. He is actually blaming victimized elderly and disabled adults who've suffered horrible and provable mistreatment at the hands of negligent caregivers.

Don't they, like all Americans, have the right to seek redress through the courts and to pursue punitive damages in horrific cases? This bill only addresses serious cases involving care that is so bad, it rises to the level of punitive conduct. We are not talking slip-and-fall cases. We are talking about cases of physical abuse, sexual assault, chronic and purposeful understaffing, fraudulent behavior by owners and a host of other very bad acts.

As the profits of nursing homes soar to record levels, as the publicly traded stocks of nursing homes outpace the Dow Jones Industrial Average by a 2-to-1 ratio, and as per-bed prices of homes in Florida soar to new levels, staffing levels are dropping. Yet SB 1384 says, according to the testimony we heard from experts, thta the corporate owners can never be punished in court?

He says this despite the facts that the nursing home industry's own actuarial report (published annually by Aon, a risk-management firm and insurer) clearly and repeatedly states that the frequency of lawsuits in Florida have "steeply declined" and that "loss costs per bed have dramatically decreased." Things are so good for nursing homes here in the Sunshine State that Florida is no longer listed among the problem states -- and, to repeat, this is a report from Reed's own people.

This contrived "lawsuit problem" devised through Senate Bill 1384 is smoke and mirrors meant to financially benefit owners who cause serious harm to residents in lieu of improving care for elderly and disabled residents.

That's the real story.

And as for the personal attacks against me, they don't warrant a response because, as the old saying goes, words will never harm me.

But when it comes to harm, the real harm is what his association is pushing before this Legislature with Senate Bill 1384.

Brian Lee is executive director of Families for Better Care, based in Tallahassee. Web: www.familiesforbettercare.com

Morphine Overdose = $700,000 Verdict

Ray Mullman — Mon, 06 May 2013 07:24:04 -0500

The St. Louis Post-Dispatch reported the recent $700,000 verdict against Normandy Nursing Center after the jury found the facility responsible for the death of a resident who overdosed on morphine he was never prescribed. William Christopher Jones died in a hospital after being found unresponsive at the Normandy Nursing Center in August 2009.

Toxicology tests showed a lethal level of morphine. It remains unclear how the morphine got into Jones’ system. Was it negligence or a homicide? Normandy police investigated Jones’ death but could not file any charges because the nursing home’s morphine supply was accounted for. Obviously, the nursing home's records are not accurate.

Teresa Bartosiak, a St. Louis attorney for the nursing home at 7301 St. Charles Rock Road, said the damages would be reduced to $350,000 under a Missouri malpractice cap. She said the decision would be appealed despite the fact that the verdict will be cut in half.

Editorial

Ray Mullman — Sun, 05 May 2013 13:21:07 -0500

Attorney John Hawkins who was a former legislator in SC recently wrote an editorial explaining how "tort reform" creates injustices in our legal system. Below are excerpts but see the full editorial at Spartanburg Herald.

"The Cleveland Park train wreck case is a painful reminder of why so-called “tort reform” doesn’t work. Under current law, no matter how many people get killed or injured in a single catastrophic incident due to the government’s negligence, the total liability for all victims is $600,000.

This law is an example of tort reform. This newspaper, which has advocated tort reform before, is correct in arguing that the limit needs to be raised to help the victims of the train wreck.

But it cannot stop there. We cannot raise the limit for just one group of victims while ignoring other horrible cases that have not received the same degree of publicity.

As an attorney representing injured people in the Upstate for almost 20 years, I have seen too many cases where limits on liability have resulted in gross injustice. I represented a man who lost his beloved wife to a drunken driver, only to have his loss mocked by the state’s ridiculously low requirements for how much liability insurance people are required to carry. I could cite other cases involving catastrophic injuries where the insurance limits of the at-fault party were not anywhere near enough to pay for the medical bills.

Setting arbitrary limits on liability will always result in certain terrible injustices. The train wreck, horrific as it is, is just one of many situations where wrongdoers are allowed to escape responsibility for their actions due to the government granting them immunity of some kind.

At its essence, tort reform is merely the government picking winners and losers in the American justice system. The winners are those whose negligence kills, injures, maims and devastates. The losers are the many families who find themselves unlucky enough to have been injured by a specially protected class of wrongdoers."

Below is a reader's response and Hawkin's reply from his blog.

Here's Mr. Morrow's letter:

Sunday's letters: Limits on liability
Apr 26, 2013

The recent letter by John Hawkins attacking tort reform contained some accurate statements about those suffering from the negligence of others.
Never should a law have been put in place that limits liability to a total of $600,000 for the victims of the Cleveland Park train accident. It is also true that the state-required minimum for liability auto insurance is ridiculous. In today’s world of high health care costs and expensive automobile repairs, $25,000 is a slap in the face to those not at fault.
Mr. Hawkins describes tort reform as the government picking winners and losers. A more accurate description may be that the government is trying to prevent trial lawyers from bringing governments and businesses to the brink of financial ruin.
Limits will not always be fair to all parties involved. Without controls, lawyers like Mr. Hawkins will declare open season on taxpayer-funded governments. Businesses already struggling in a litigious environment will pass along their increased legal expenses to consumers.
Of course, there are legitimate losses as the result of negligence, but frivolous lawsuits can’t be ignored. My wife and I were sued for a car accident where $600 of property damage turned into a $25,000 lawsuit for pain and suffering. Not surprisingly, the case was settled for $7,000. If there was so much loss, would the client’s attorney have settled for such an insignificant sum?
I’m sure Mr. Hawkins has never represented such a case. He is, however, handling a lawsuit against the state for the security breach of taxpayers’ records last year. It is not surprising that Mr. Hawkins is not in favor of limits.
The system that is allowing the victims of true negligence with real loss not to be properly compensated is broken. Attorneys are part of the cause.
Chris Morrow
Moore

Here's my thoughts on this gentleman's letter:

It's easy to blame lawyers for society's ills. The scapegoating of attorneys has been taking place for a long time. But the truth is, society would be a pretty bad place without lawyers. Criminal Defense attorneys make sure that law enforcement doesn't get out of control by enforcing the Constitution. Workers' Compensation attorneys make sure that the worker, injured on the job, gets a fair playing field when he goes against a rich and powerful insurance company with an army of lawyers. The Personal Injury attorney helps an innocent victim of a car wreck to recoup their damages, pay their medical bills, and get something (yes, something) for pain and suffering and the downright inconvenience of having to deal with a wreck that is not the person's fault.

Mr. Morrow has perhaps forgotten that there is already a system in place to limit out of control damages against Defendants like businesses and governments. It's called a JURY. The right to trial by jury is granted by the same Constitution that guarantees the right to bear arms, freedom of religion, and other freedoms I'm sure Mr. Morrow and the rest of us hold dear. Why then, has the right to trial by jury been eroded over the years by "tort reform"? The answer is easy, it's been eroded by propaganda and lies. People who do bad things, people who are negligent, insurance companies that deny legitimate claims: All want to shift responsibility for their actions away from themselves and instead whine about lawyers.

These people ridicule "pain and suffering" as if it's some kind of line from a fairy tale. But pain and suffering is a real thing. It's a tangible, factual condition that is proven beyond any doubt to affect human beings, dogs, mice, and any other being with a central nervous system. If a driver isn't paying attention and rams their car into another, and injures that person and causes them pain and suffering, why on earth shouldn't the driver be responsible for that? And if the parties can't resolve their case through settlement, the case will be heard by a Jury of twelve human beings, all with the capacity to feel pain and suffering and, using their intelligence, put a value on that.

I don't know all the facts about Mr. Morrow's car accident, but we can surmise that Mr. Morrow or his wife was at fault for the accident. $600.00 is not a huge amount of property damage to a car, but neither is it insignificant. Interestingly, nowhere in Mr. Morrow's letter does he ever accept responsibility for causing the accident. Instead, he blames greedy trial lawyers for daring to seek compensation for something so fake and silly as "pain and suffering." In my experience, everybody I have ever had to sue on behalf of a client probably considered the lawsuit "frivolous". That's just human nature.

I thank Mr. Morrow for his letter, and I appreciate the chance to engage in spirited debate on this issue. Lawyers, and indeed anyone who holds the Constitution near and dear, need to stand up against the assault on the American system of justice and the right to trial by jury. Nobody likes to get sued, but the slow abolishment of the jury system in America will surely lead to tyranny of the rich and powerful over the individual. And there's nothing "frivolous" about that.

Assault But No Answers

Ray Mullman — Sun, 05 May 2013 07:19:11 -0500

WISTV reported on another tragic case of neglect here in South Carolina. David Christmas lost his mother six months ago. He had spent years caring for her at his home before trusting Kingstree Nursing Facility to take care of her. But they did not take care of her. Instead, his mother ended up in a hospital bed with a broken hip with bruises from head to toe. "My mother was placed on May the 7th of 2012," said Christmas, "and on Oct. 17th of 2012, she was dead." Kingstree police investigated the assault to figure out what happened. Christmas says his mother told him she was attacked. All she could tell him was it was by two women.

The nursing home refuses to tell the family what happened. And DHEC won't substantiate anything. WISTV attempted to review DHEC records. "We went to DHEC to see if we could look at some inspection records. We signed in and were directed to the agency's Freedom of Information Office where staffers asked us to file a formal request for some specific records
DHEC doesn't post the records online."