State nursing homes trying to limit liability

By John Rodgers, jrodgers@nashvillecitypaper.com

With their profits threatened by what they claim as a bevy of money-hungry, out-of-state trial lawyers, the nursing home industry is trying to impose limits on damages a court could award their patients for pain and suffering.

But their efforts to pass legislation have run into a buzz saw of opposition from trial lawyers and the AARP, who say the nursing home industry is just trying to protect itself in a time when violations at nursing home facilities are high.

As a result, the powerful nursing home industry has already had to change course.

Originally, "The Nursing Home Patient Protection Act of 2008" would limit non-economic, or pain and suffering, awards a court could award to nursing home patients to $300,000.

Last week though, those caps were increased to $500,000.

In addition, language opposed by AARP was taken out of the bill that would have allowed nursing homes to require their patients to sign arbitration agreements to keep lawsuits out of the courtroom as well as requiring nursing home suits to have the same legal restrictions as medical malpractice claims.

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