Legislature Votes to Minimize Accountability for Negligent Nursing Homes, Other Facilities
Safety of Senior Citizens, Patients at Risk
February 17, 2015
Charleston, W.Va. – The West Virginia Association for Justice today criticized the West Virginia House of Delegates for passing SB 6, legislation that restrict the ability to hold negligent nursing homes and other facilities accountable when West Virginians are seriously injured or killed.
“It is outrageous that the West Virginia House would pass legislation to limit accountability for nursing homes at a time when the number of severe deficiencies in our state facilities has doubled in just four years. Our nursing home industry earned a D from a national nursing home patients’ advocacy organization. This legislation does absolutely nothing to address poor patient care and the serious problems in our nursing home industry. All it does is restrict the ability to hold negligent nursing homes accountable,” said Anthony Majestro, president of the West Virginia Association for Justice.
The legislation extends West Virginia’s Medical Professional Liability Act and its $250,000 cap on non-economic damages to nursing homes, pharmacies and other facilities. The legislation is so broad that all actions in these facilities are covered under the MPLA, including administrative decisions and other actions that would not be defined as “medical care.”
The House also rejected amendments that would remove the cap in cases that involved criminal actions, destruction of evidence and fraud.
“It is reprehensible that these amendments were defeated. A nursing home that hires a known sex offender who then assaults or rapes patients should not be protected. If a patient is seriously hurt or dies and then evidence is destroyed or the records or altered to cover up the truth, the company involved shouldn’t be protected by state law. Pharmacies don’t even have to report prescription errors. Why are we rewarding this type of misconduct?” said Majestro.
“Now we know what was behind the millions of dollars corporate special interests funneled into this state to buy themselves our state legislature--a get out of jail free card and a bump in corporate profits when they don't have to compensate the West Virginians who've been hurt or the families of those they've killed."
“The West Virginia Legislature’s first priority should be its constituents, not increasing corporate profits at the expense of West Virginians. If the legislature wants to decrease the number of lawsuits against nursing homes and pharmacies, the answer is simple—focus on improving the standard of care so that legal action is not necessary. This bill does nothing to increase safety or minimize mistakes. All it does it limit the ability of those hurt or killed to hold the negligent company accountable—and it puts every one of us at risk.”
According to Families for Better Care, federal data show that one in five West Virginia nursing homes has been cited for a severe deficiency. The number of West Virginia facilities with severe deficiencies increased from 53 in 2011 to an estimated 111 in 2014. Eighty percent of nursing homes had deficiencies. State nursing homes ranked 46th nationally in direct-care staffing hours. (Nursing Home Compare, 2011 – 2014).
Estimated revenues for the long-term care industry total more than $200 billion per year.
According to the U. S. Food and Drug Administration, more than 1.3 million people are injured every year due to medication mistakes caused by giving customers the wrong medication or dosage. Only a fraction of these are even reported since all reports from pharmacies are voluntary.
Dr. Carmine Catizone with the National Association of Boards of Pharmacy expressed concern over growing pharmacy errors. NBC News reported, that “‘We’ve heard the complaints about the large chains and how they’re morphing or how they resemble fast food restaurants.’ His group represents government agencies in charge of ensuring pharmacy safety and said no one is keeping track of mistakes because large chains refuse to turn over the data.” http://www.nbcwashington.com/investigations/Perscription-Errors-Pharmacy-CVS-Investigation-246947451.html
These preventable adverse drug events (ADEs) cost the health care system $2 billion annually. According to the 2014 – 2015 Economic Report on Retail, Mail and Specialty Pharmacies, prescription revenues exceeded $300 billion. In 2013, nearly 37 million prescriptions were filled at retail pharmacies in West Virginia. (http://kff.org/other/state-indicator/total-retail-rx-drugs/)
WVAJ AFFINITY PARTNERS
.jpg)
