The Answer Is Simple: The Way to Reduce Lawsuits Is to Improve the Standard of Care
Official Statement on Senate Passage of SB 6
February 2, 2015
Charleston, W.Va. – The West Virginia Association for Justice today is disappointed that the West Virginia State Senate passed SB 6, which limits claims against nursing homes to just a $250,000 cap on noneconomic damages.
“It is outrageous that the West Virginia Senate 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. This legislation does absolutely nothing to address the serious problems in our nursing home industry,” said Anthony Majestro, president of the West Virginia Association for Justice.
“This is an industry that earned a D from a national nursing home patients’ advocacy organization. Patients are covered in bed sores. Their teeth are rotting or broken. They are suffering bone fractures because of falls. They’re not getting adequate food and water. The facilities here have some of the lowest staffing levels in the country. Nothing is being done about this bad regulatory track record. Nothing is being done to improve the standard of care. The only focus is eliminating the ability of families to hold nursing homes accountable in our courtrooms when our family members are seriously harmed or killed. It’s wrong.”
“West Virginia has one of the oldest populations in the country. More than 16 percent of our residents are senior citizens. Nearly every West Virginia family has someone or knows someone in a nursing home. We have a duty to ensure that these facilities meet standards and the patients in them are safe. If you want to eliminate lawsuits against nursing homes, then improve the quality of care.”
West Virginia nursing homes earned an overall D rating in 2014 after the state’s facilities were assessed using eight federal quality control measures. The state’s nursing homes fell from 27th to 36th nationally in just one year (NursingHomeReportCards.com). 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. 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.
Also hidden in SB 6 are damage caps for pharmacies, limiting their liability as well. According to the 2014 – 2015 Economic Report on Retail, Mail and Specialty Pharmacies, prescription revenues exceeded $300 billion.
“The people elected this Legislature to help bring more jobs to West Virginia. Bills that give immunity to billion-dollar nursing home and pharmacy industries don’t provide those jobs. Instead, they make our state a more dangerous place to live, work and retire,” said Majestro.
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