Civil Justice System Is An Effective Force In Uncovering Nursing Home Abuse

Posted on October 13, 2010 by John R Kormanik

We have all heard about "tort reform" and limits on the amount of damages juries can award for "pain and suffering." In essence, advocates of "tort reform" do not believe juries are capable of making decisions, based on the evidence presented at trial, concerning the award of non-economic or human damages. For example, in Idaho, there is a "cap" on non-economic damages set by statute. As a practicing trial attorney, I believe any such artificial limit on damages is, simply put, wrong-headed. It is an invasion of the province of the jury and, in fact, shows total disdain for the process and the commonsense of our jurors.

As reported by the Kansas City Star, a recent study by the American Association for Justice, an organization to which I belong, demonstrates how the civil justice system reveals neglect and abuse of nursing home residents.The report, entitled: "Standing up For Seniors: How the Civil Justice System Protects Elderly Americans," can be found here.

The civil justice system is able, to a certain extent, to ensure the owners and operators of nursing homes are held accountable. The reason is say, "to a certain extent" is because of the artificial limits placed on a jury's ability to award full and appropriate monetary damages to those who suffer abuse and neglect in the nursing home and assisted living settings. I certainly trust our citizens to make reasoned and proper decisions when it comes to the award of money damages for non-economic (pain and suffering or, as I refer to them "human losses"). You have to wonder, why don't Idaho's legislators have the same faith in juries? 

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Flu Season - It's Time To Get Vaccinated Again

Posted on October 5, 2010 by John R Kormanik

Did you know during the 2009-2010 flu season, there were "41,914 laboratory-confirmed influenza-associated hospitalizations and 2,125 laboratory-confirmed influenza-associated deaths" in the United States? Many of those deaths are considered "preventable."

According to the 2010 CDC guidelines, all people in the United States over the age of 6 months of age should be vaccinated with this year's flu vaccine. The CDC's recommendations are certainly more far-reaching this year than in previous years.

Although the CDC recommends virtually everyone be vaccinated, the Center also has a list of "high-risk" individuals who should make vaccination a priority. This list includes at least two groups of people who are likely cared for in nursing homes or assisted living facilities: (1) people 50 years of age or older; and (2) people of any age who have chronic medical conditions. In fact, the CDC specifically recommends "people who live in nursing homes and other long-term care facilities" make vaccination a priority.

If you or a loved one is in a nursing home or assisted living facility, make sure you check with your medical doctor to determine whether the flu vaccine is right for you. According to the CDC "the single best way to protect against the flu is to get vaccinated each year." Don't be a statistic.

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