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Punitive Damages in Nursing Home Litigation? A Possibility and a Reality

By Sarah Lovequist posted 08-06-2014 02:25 PM

  

A Massachusetts jury recently awarded a $14 million wrongful death verdict against a nursing home. Dollar amount aside, this verdict is staggering because it includes a $12.5 million punitive damages award, meaning the jury was trying to punish the facility for its alleged poor care. The facility admitted it failed to administer proper care to the decedent resident, but it rejected claims that the neglect led to the resident’s death.

 

Was there a way for the facility to avoid this trial, or at least avoid being slammed with a verdict that included punitive damages? Were documents available that may have substantiated the facility’s assertion that its negligence did not lead to the resident’s death? Perhaps early case resolution techniques could have been used to resolve this matter at the outset? This year’s DRI Nursing Home/ALF Litigation Seminar offers sessions that address these questions and more. Timothy Cesar, Brookdale Senior Living, Inc., and attorney Bradley Kelly will lead “Putting the ‘Ending’ in Defending Litigation and discuss how both sides to a dispute can best utilize early case resolution to their advantage. Similarly, during “Ancillary Evidence May Be the Key to a Successful Defense,” Tracey Maw, RN, MSN, will discuss how information collected by a facility beyond a resident’s formal chart may be harnessed to benefit a facility in litigation.

 

The 2014 Nursing Home/ALF Litigation Seminar will be held September 18-19, 2014, at the Swissôtel Chicago in Chicago, Illinois. Register today by visiting dri.org/Event/20140190.

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08-06-2014 03:48 PM

At least in Florida, punitive damages are awarded when it can be shown that management was aware of caregiver neglect and either intentionally ignored it or implemented policies that actually encouraged it. (What you say? How about a policy that pays bonuses to management only when they operate under budget while keeping the census at full capacity? Such policies are very effective at promoting poor care.) In those cases of corporate wrongdoing, not just poor care because caregivers don't care, punitive damages serve a dual function: part of the punitive dollars go to the state to fund additional surveyors for better oversight, and the managers involved are pushed out of the business by the crushing costs involved. When bad facilities disappear, there is more room for better run facilities. It's a self regulating mechanism that benefits those of us who insist on getting older (myself exempted, of course.) We are horrified at horror stories but this is how the legal system is supposed to work and, we like to think, works well most of the time. MK