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Advocates
for the Elderly Denounce Malpractice Caps
May 13, 2003 RALEIGH, N.C.
- A
proposal to cap medical malpractice damages in North Carolina would
especially harm those living in nursing homes or rest homes, advocates for
the elderly said Tuesday. "Noneconomic
damages send a clear message to negligent nursing homes that society will
not tolerate profound neglect and abuse of elderly and disabled
persons," said Von Valletta, state president of the American
Association of Retired Persons. "Any cap on noneconomic damages would
shield negligent nursing homes from accountability for their
misconduct." State
lawmakers are considering bills that would cap all noneconomic damages -
from pain and suffering to physical impairment - at $250,000. It would
also limit the contingency fees paid to lawyers to no more than 40
percent, with patients receiving 85 percent of awards or settlements of
more than $600,000. Doctors,
hospital administrators and nursing homes are pushing for the malpractice
limits. They say rising insurance premiums are pushing some specialists
into early retirement or forcing them to limit their practices. A
House version of the legislation would also prevent findings from state
inspections of nursing homes from being used as evidence in either court
cases. Representatives
of the AARP and three other groups who spoke at a news conference Tuesday
in the Legislative Building took issue with that provision as well. "I
do know North Carolina cannot solve its insurance crisis by stripping the
elderly of their rights," said Bill Benson, president of the National
Citizens' Coalition for Nursing Home Reform. "If anyone needs more,
not fewer, legal protections it's nursing home residents." Durham
resident Joy Chamberlain recounted how her mother died after nursing home
providers failed to quickly diagnosis a blood clot in the 80-year-old
woman's leg. "We
must allow these inspections to be used as evidence in court. And we must
allow a jury to decide (damages)," Chamberlain said. Craig
Souza, who heads the state nursing home association, said lawyers in
malpractice cases use the inspection records to paint a distorted picture
of nursing home safety. He
compared the records with evidence kept out of criminal trials because
they aren't pertinent to that specific case. "We
don't think that these are legitimate records to be used in a lawsuit,
especially because they don't relate to the case at hand," Souza
said. He
added that nursing homes rely on Medicaid receipts, which have been cut in
recent years, and have no real way to meet soaring insurance costs. "We
feel like the bill will go a long way toward stabilizing the market and
bringing more insurers into the market," Souza said. "I don't
have a crystal ball. I can't tell you whether that is going to happen, but
this is what we're trying to do." No
legislative committee has considered either medical malpractice bill
filed, but a special Senate committee has held informational meetings. The
fight over medical malpractice reform pits two powerful interests against
each other - doctors and trial lawyers. The N.C. Academy of Trial lawyers is trying to block the legislation, saying there is little evidence that medical malpractice caps actually lower insurance costs. Copyright
© 2002 Global Action on Aging |
