Nursing Home Report
Consumer Reports took a look at the nursing home industry and reports its findings here.
For Tennessee specific data on nursing homes to consider and to avoid look here; for data on the regulator's response to the efforts of Consumer Reports look here.
Another section of the Consumer Reports site is an explanation of why suing nursing homes is becoming more difficult.
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Limitation of Actions and the Mentally Disabled
Read my entry in Dayontorts about a new Tennessee decision that discusses whether a durable power of attorney trumps the "unsound mind" tolling provisions of T.C.A. Section 28-1-106.
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New Orleans Nursing Home Deaths
This is an interesting article regarding federal investigations into the New Orleans nursing home tragedy brought on by hurricane Katrina.
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Beverly Enterprises Hit with Sanctions
Beverly Enterprises is one of the nation's biggest nursing home operators. A judge in Arkansas was not impressed with the conduct of the company, and hit it with sanctions.
The judge went further and said this: "On its own suggestion, the Court will take under advisement what addiitional sanctions, if any, shall be imposed against Defendants, including whether BEI [Beverly] Chief Executive Officer William Floyd, BHRS and BEA Corporate President David Devereaux or others should be incarcerated as a result of the Beverly Defendants' contempt of court, pending further research into the Court's powers in this regard."
The judge also entered a default judgment of the breach of contract claim in the class action case. That will cost the company $8,000,000.
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Death by Fire Ants
The March 28, 2005 edition of Lawyers Weekly USA reports several cases on behalf of nursing home residents killed by fire ants.
In Florida, a 73 year old man recuperating from surgery was attacked by fire ants. The lawsuit against the nursing home settled for $1,870,000.
The family of a woman in North Port, Florida received an undisclosed settlement for a similar attack. A woman in Bradenton won $1,200,000 for a fire attack assault. She survived.
Two points. First, how can this happen in our country?
Second, the tort reformers want to protect nursing home operators from responsibility for this type of conduct. Why? I want to know why any business who permits something like this to happen is still in business. Fortunately, the nursing home in Bradenton is not.
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