Thursday, January 22, 2009

Nursing Homes Demand Death to Damages

Posted by Jeff Woods on Thu, Jan 22, 2009 at 6:54 AM

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While reporters scratch their heads over whether new House Speaker Kent Williams is guilty of sexual harassment, lawmakers are focusing on more urgent matters--namely how to assist a certain group of heavy contributors. These contributors run nursing homes--some of the worst in the country. You may recall a study released only last month by the Centers for Medicare and Medicaid Services ranked our homes for the elderly as the third worst in the nation. A full one-third received the lowest possible rating. Only 22 of Tennessee's 319 homes received a 5-star rating.

Yet now here comes the nursing home industry, never one for timidity, to demand legislation to limit its liability in Tennessee courts. Never mind that violations for neglect and abuse of residents are higher than ever before. That legislation failed last year, but now that Republican numbers are strengthened, its chances are considered much better now. A study committee met for the first time yesterday to begin paving the way. Senate Speaker Ron Ramsey has made malpractice caps for nursing homes part of his legislative agenda for the year. Isn't that dandy?

Daniel Clayton, president of the Tennessee Association of Justice, offered this commonsense advice to the committee. Rather than passing legislation to cap damages, how about focusing on helping nursing homes give better care? "If care is good, lawsuits will go down," Clayton said. "If care is bad, lawsuits will go up."

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