Dear litx-ga;
Thank you for allowing me an opportunity to answer your interesting question.
The rights of nursing home residents to sue for negligence,
malpractice and other similar acts has definitely been upheld in a
variety of states, and in some cases even by Federal Courts. The
United Stated District Court in Michigan, for example, came to this
conclusion in 1997:
?If a nursing home resident falls while attempting to sit down in a
wheelchair, and sustains injury, such as a fractured hip, because the
wheels were not locked or because the chair was not otherwise secured
for the resident?s benefit, the resident has the right to sue.?
NURSING HOME RESIDENT?S FALL
http://www.nursinglaw.com/wheelchair.htm
Even though there is Federal precedent which supports a nursing home
patient?s right to sue, other states do have similar protective
measures in place that ensure their rights:
MISSOURI
?After their claims were dismissed on the grounds of "sovereign
immunity" (a legal doctrine that says that the State cannot be sued in
its own courts unless it consents to be sued), the Missouri Supreme
Court overruled the lower courts.?
(Bachtel v. Miller County Nursing Home District, July 29, 2003.)
ELDERLAW
http://www.tn-elderlaw.com/prior/030825.html
ILLINOIS
?Damages recovered in actions pursuant to Sections 3-601 through 3-607
of the Nursing Home Care Act will be exempt for purposes of
determining initial or continued eligibility for medical assistance
and cannot be considered or required to be applied toward payments of
the medical services available under the Illinois Public Aid Code. The
Act further prohibits waivers of the right to sue under Sections 3-601
through 3-607, and any such waiver (oral or written) shall be null and
void. (See 210 ILCS 45/3-601 through 3-608.)?
DCBA BRIEF
http://www.dcba.org/brief/aprissue/1999/art60499.htm
Other states permit nursing home residents to sue, but have
limitations to the amount a plaintiff can be awarded. However, on a
handful of states have capped punitive damages, because they are
awarded in only about 10 percent of nursing home suits that go to
trial, according to Nathan Childs, director of legislative affairs at
the American Health Care Association. Some of these states are
LOUISIANA, TEXAS, WEST VIRGINIA, MISSISSIPPI, ARKANSAS, OKLAHOMA, AND
ALABAMA:
?Louisiana, Texas and West Virginia have capped noneconomic damages.
In these states, the most a plaintiff can receive from a nursing home
for pain and suffering is $250,000. Mississippi capped damages at
$500,000.
Arkansas this spring raised its punitive damages standard in civil
suits, requiring the claimant to prove by "clear and convincing"
evidence that the facility either intentionally or negligently caused
the injury.
Bills limiting the use of nursing home inspection records in lawsuits
are pending in Arkansas and North Carolina.
Oklahoma banned the recovery of attorney fees in nursing home cases
early last month. A similar proposition was considered in Louisiana
but failed, though the state approved caps on noneconomic damages.
The Alabama Senate unanimously approved a bill last week that places a
monetary cap on wrongful death suits filed against nursing homes. The
legislation is pending in the Alabama House.?
LAW.COM
http://www.law.com/jsp/article.jsp?id=1056139947584
(An excellent article on the subject can be found here)
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
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