My ex-husband was in a nursing home due to a massive stroke. He was unable to totally care for himself, but was allowed to walk unattended outside and could “sign himself out”. This occurred in New York State and he was residing in a Home Type setting – not a recognized Nursing home. He was depressed as due to all the years he was an active alcoholic, he had lost all contact with his true friends and family. Now that he was in a limited physical condition, and with limited mental capacities, he became “depressed”. As a result, he walked to a barn that was on the premises and committed suicide by hanging himself. When his children tried to sue this “Home” to help offset the debts he left behiend, they were told by a lawyer that his “Home” had no liability insurance coverage!!!!! Evidently, in New York State, the Board of Health does NOT have any legal authority over these type of “Home Care” homes!
Having handled malpractice claims as an adjuster in Florida several years ago, which included a large amount of nursing homes and etc, I can only add my two cents for what it’s worth. If somebody doesn’t slow the plaintiff’s bar down in this area all elderly will be dealt a deadly serious blow. I don’t think that the homes were always right either, but just who benefits from these large awards. All money gained from a large verdict should go back to a state and court mandated ‘trustee’ who will make certain that not one dollar should be paid to anyone other than a caretaker for that named elderly person, and in the event that it is a death claim the monies should go back into a ‘superfund’ to aid all elderly by creating a state controlled ‘trustee or fund’ which would put more money towards more and better safeguards to help all elderly. I had trouble taking care of my dad when he was in a home in Florida and I knew that sometimes the home did some short sighted things, but he still had a place to stay and was comfortable, but the pictures I have seen painted of the things done to elderly was always, like the press, blown out of proportion except in rare incidents and those were or should have been handled by law enforcement, etc
UNFORTUNATELY,IT IS THE CARETAKER’S WHO COLLECT THE MONEY FOR THE SO-CALLED INJURIES TO THE ELDERLY. I AGREE WITH MR.BACH’S COMMENTS THAT A FUND SHOULD BE SET UP FOR THESE AWARDS AND NOT GIVEN TO RELATIVES OF THE PEOPLE WHO PUT THEIR ELDERLY INTO NURSING HOMES AND THEN CONDEMN THEM.
AND THAT DOES NOT MEAN I AGREE WITH
MISTREATING THE ELDERLY. I DO NOT.
IT IS A PAINFUL ENDEAVOR BUT ANY AWARDS SHOULD BE PUT INTO A FUND TO
ATTRACT GOOD PEOPLE TO THE PROFESSION.
I am a working Adjuster and a court approved “Expert” who testifies regulary on Insurance matters. I understand the Industry concern but here in Florida, we are inundated with nursing home abuse.The dire predictions in the article are no more valid than those made in previous years by Industry in general when a new line of rectification opens up. I find that since attornies are on a contingency fee basis, and costs of prosecuting a Professional Liability are only those that seem to be “gimme’s” make it to the courtroom and less than half are won. By the way, since when has it been a crime for lawyers to be compensated adequatly? If the Insurance Industry paid its defense Lawyers a fair fee they would do a lot better than the System is doing now!
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My ex-husband was in a nursing home due to a massive stroke. He was unable to totally care for himself, but was allowed to walk unattended outside and could “sign himself out”. This occurred in New York State and he was residing in a Home Type setting – not a recognized Nursing home. He was depressed as due to all the years he was an active alcoholic, he had lost all contact with his true friends and family. Now that he was in a limited physical condition, and with limited mental capacities, he became “depressed”. As a result, he walked to a barn that was on the premises and committed suicide by hanging himself. When his children tried to sue this “Home” to help offset the debts he left behiend, they were told by a lawyer that his “Home” had no liability insurance coverage!!!!! Evidently, in New York State, the Board of Health does NOT have any legal authority over these type of “Home Care” homes!
Having handled malpractice claims as an adjuster in Florida several years ago, which included a large amount of nursing homes and etc, I can only add my two cents for what it’s worth. If somebody doesn’t slow the plaintiff’s bar down in this area all elderly will be dealt a deadly serious blow. I don’t think that the homes were always right either, but just who benefits from these large awards. All money gained from a large verdict should go back to a state and court mandated ‘trustee’ who will make certain that not one dollar should be paid to anyone other than a caretaker for that named elderly person, and in the event that it is a death claim the monies should go back into a ‘superfund’ to aid all elderly by creating a state controlled ‘trustee or fund’ which would put more money towards more and better safeguards to help all elderly. I had trouble taking care of my dad when he was in a home in Florida and I knew that sometimes the home did some short sighted things, but he still had a place to stay and was comfortable, but the pictures I have seen painted of the things done to elderly was always, like the press, blown out of proportion except in rare incidents and those were or should have been handled by law enforcement, etc
UNFORTUNATELY,IT IS THE CARETAKER’S WHO COLLECT THE MONEY FOR THE SO-CALLED INJURIES TO THE ELDERLY. I AGREE WITH MR.BACH’S COMMENTS THAT A FUND SHOULD BE SET UP FOR THESE AWARDS AND NOT GIVEN TO RELATIVES OF THE PEOPLE WHO PUT THEIR ELDERLY INTO NURSING HOMES AND THEN CONDEMN THEM.
AND THAT DOES NOT MEAN I AGREE WITH
MISTREATING THE ELDERLY. I DO NOT.
IT IS A PAINFUL ENDEAVOR BUT ANY AWARDS SHOULD BE PUT INTO A FUND TO
ATTRACT GOOD PEOPLE TO THE PROFESSION.
I am a working Adjuster and a court approved “Expert” who testifies regulary on Insurance matters. I understand the Industry concern but here in Florida, we are inundated with nursing home abuse.The dire predictions in the article are no more valid than those made in previous years by Industry in general when a new line of rectification opens up. I find that since attornies are on a contingency fee basis, and costs of prosecuting a Professional Liability are only those that seem to be “gimme’s” make it to the courtroom and less than half are won. By the way, since when has it been a crime for lawyers to be compensated adequatly? If the Insurance Industry paid its defense Lawyers a fair fee they would do a lot better than the System is doing now!