Adam Liptak in his Sidebar column for the New York Times writes of the proliferation of "flood" and "opening the floodgates" concerns in Supreme Court opinions and arguments these last few years in Fearing Deluge of Litigation, Supreme Court Works the Floodgates. The concern, in some instances, is valid but, as Mr. Liptak poses, "If a legal theory is sound, is it a problem if it produces too much justice?"
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March 2013
March 07, 2013
March 04, 2013
"Systematically Poor Resident Care" At Erlanger Nursing Home; Meanwhile, Kentucky Senate Passes Tort Reform Benefiting Nursing Homes
An Erlanger nursing home, Villaspring Health Care, will pay $350,000 to settle a lawsuit claiming that it defrauded Medicare and Medicaid from 2004 to 2008 by providing "systematically poor resident care." During this time period, five residents at the nursing home died and others were injured, as reported in the Lexington Herald-Leader, Erlanger Nursing Home to Pay $350,000, Enhance Care.
Meanwhile, Senator Julie Denton, a Republican from Louisville, was introducing and the Senate was passing a tort reform bill, SB 9, which, as Sen. Ray Jones, "This is nothing more than an industry spending indiscriminately to shield its bad behavior." SB 9 would make it harder for people to bring lawsuits charging neglect or abuse in nursing homes in Kentucky. The Senate Health and Welfare Committee was so disinterested in anything approaching fair-mindedness that it voted to approve the bill before hearing any testimony or evidence against the bill, during which a number of Senators left the hearing room.
Read about it at kentucky.com: Slimy action on questionable bill; nursing homes aim to restrict lawsuits, Fighting the good fight to protect residents, not nursing homes.
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