NEWS ALERT: Are Two Homicides Enough?
Today marks the beginning of the grand jury hearing into the second homicide at the nursing home where my mother-in-law's homicide occurred. Not only is it the second ruled homicide, but few cases ever go to the grand jury. Click here to read more. --Bee
 

July 27, 2002

NHAAG: No National Tort De-Form!
By Bee Becker

H.B. 4600 affects much more than nursing home cases.  However, I have concentrated this column primarily to those concerns regarding nursing homes. 

The "crisis" frequently in the news of late concerns whining about the affects of lawsuits.  A long-standing "crisis" of much greater proportions exists:  the lack of even basic care in far too many nursing homes.  (Known abuse in one-third; understaffing in 9 out of 10; conspicuous lack of law enforcement protection and/or prosecution, Congressional Hearings, etc.) 

As long as there exists a double standard which protects these corporations from prosecution, trials are the only hope of accountability, as illustrated by this July Associated Press article: South Hadley Man Convicted Of Neglect In Care Of Elderly Relative.

Let's examine the root of this "crisis". 

Note:  These lawsuits cover incidents labeled by the industry as "isolated incidents", regardless of the fact that they have been occurring for decades, in the hundreds of thousands; and the ever-popular "frivolous lawsuits", even if such suits involve horrific crimes and outright proven homicides. 

The problems begin in the facilities themselves, not with attorneys, juries or victims and/or their families. 
 

What Is Our Motivation To Sue?

Homicide; rape; sexual assault; physical/verbal abuse; life-threatening unnecessary, untreated pressure sores; over/under medication; starvation (not related to illness); dehydration (not related to illness); illegal use of restraints; unexplained/untreated fractures; financial exploitation.  Usually denied, covered-up, or dismissed by simply writing a check for a budget item designated by the business itself to cover regulatory infractions -- simply the cost of doing business. 
 

What Are Our Options? 

Regulatory Agencies? 

After decades, obvious NON-deterrents to the industry to repeat such behavior; state and federal regulatory agencies whose apparent mission from the victims' viewpoint is the protection of the industry, not the residents; heinous crimes which are not reported, for which the maximum allowable deterrents in the form of severe monetary penalties are rarely issued, even when such is available. 

Law Enforcement/Protective Agencies? 

In far too many states, non-reporting of crimes to law enforcement; failure or refusal of adult protective services to intervene; failure or refusal of law enforcement involvement; failure or refusal of prosecutors to prosecute criminal behavior which occurs behind the "corporate shield"; denial of protection under the law for those whose address happens to be within an institution. 

The only possible source of justice remaining?  A lawsuit.

How many millions of taxpayers' dollars did the corporations who defrauded Medicare or Medicaid spend defending cases against them by the U.S. Government?  Are we also going to apply restrictions and caps to what the government can recoup when it is defrauded? 

Why do juries sometimes awards millions of dollars?  Because they are horrified and angered that this happens in their own backyard, with primarily their tax dollars, and these ordinary citizens are sending a message to stop such behavior. 

Let's put the responsibility for lawsuits where it belongs...directly in the laps of those who commit the crimes and those who allow it to continue.

State by state, and now nationally, the industry wishes to control our last right.

Where in our constitution or civil rights does it specify that an offended party may only sue at a monetary level and within a timeframe which is comfortable for the offender?

What American citizens should be hearing from their president is "not on my watch will anyone further weaken the right to protection under the law and the right to seek judgment for wrongdoing against elderly or disabled, particularly when the offense has occurred primarily with taxpayers' dollars."

To see a comparative article on the impact of tort reform, read "This bill is bad for your health," by Susan Steinman, ATLA.

To see past articles/reports regarding the illusion that there is a "benefit" to such tort reform, go to the Center for Justice & Democracy website,http://www.centerjd.org/  or view these two MS Word formatted articles:

(1) The Problem: Insurance companies are Price-Gouging us all

(2) Insurance Companies Want More Money
 

In an article dated July 26, published in CQ Daily Monitor Midday Update, Mitch McConnell, R-KY, is quoted as stating the following in regard to malpractice liability:

"It also would require plaintiffs to prove by "clear and convincing evidence that the defendent intended to injure the claimant for a reason unrelated to the provision of health care services," 

The reality is worse than "intent to injure;" I consider it indiscriminate negligence for the sake of profits and/or the actions of a criminal.

How to express your opinions:

Since mail to DC is still somewhat compromised by the irradiation system, it takes weeks, if at all, for letters to be received. The best option is to call your particular Congressmen and voice your opinions. Second best, you can use the procedure described below.

For your convenience, you can use the following 6-step procedure to send an e-mail message to your elected officials:

 

Step 1:	Go to: http://mygov.governmentguide.com/mygov/index.html
Step 2:	Enter your own zip code.
Step 3:	When the following* appears, you can write to ALL your elected officials at the same time OR individually:  *Write Your Elected Officials  Write to ALL of your representatives with one click or just go to the individual pages linked below.
Step 4:	I had an idea that we should all use the same subject line to focus the messages on the same issue:  No To Tort De-Form HB4600 (it fits in the box).
Step 5:	Compose your message.  Keep it short and focused.
Step 6:	You must select a topic from the box, in this case "courts/judiciary."