Nursing Homes Escaping Liability

Among other things, the civil justice system is supposed to compensate victims of grossly inadequate care or gross failures of care.  So when nursing home care kills or injures its vulnerable residents the nursing home should be held accountable.  Right?

But, according to the Oklahoma Center for Consumer & Patient Safety, "[O]ver 20 percent of the beds in Oklahoma are in nursing homes that refuse to carry [medical liability] insurance." Also, many of the companies that run these nursing homes set up complicated corporate structures that shield their assets from possible litigation.

Which means that there is often no legal recourse for the victims and their families if they suffer from abuse and neglect while in these homes, and they can escape responsibility for their misconduct. 

Yesterday's Oklahoman offered this example

In October 2006, Leah Gann of Sand Springs received a dreaded telephone call.

Her mother had been injured at The Gardens nursing home in Sapulpa.

Hospital X-rays revealed her mother had suffered spiral fractures to both legs, she said. Since that type of injury often is associated with abuse or neglect, Gann sued the nursing home.

She said she was upset at what she discovered: The nursing home had no medical liability insurance coverage.

"I never learned what happened to my mom," Gann said. "I never knew to look for insurance (when picking a nursing home)."    

Unfortunately, this is not just happening in Oklahoma, but in states like Illinois. Thankfully, important legislation is being discussed in both states - Oklahoma (SB1549) and Illinois (HB5213) that would require nursing homes to carry liability insurance. 

I say "about time!"  As drivers, we are required to carry liability insurance so that innocent victims can be compensated for their injuries, why shouldn't people who care for our loved ones be held to the same standards?   

We need to make sure the civil justice system is accessible to anyone who has been harmed or killed while in a nursing home is important, not just in Oklahoma and Illinois, but across the country.  Between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection. 

For more information check out the Center for Justice & Democracy new fact sheet on elder abuse and nursing homes.