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