In a unanimous decision, the justices rejected arguments by attorneys for hospitals that the law was intended only to cover only places like nursing homes and similar facilities.
Chief Justice Rebecca White Berch said there is nothing in the wording of the statute to support that claim.
Berch said adopting the view of the hospitals “would thwart the legislature’s goal of protecting vulnerable adults” in adopting the 1089 Adult Protective Services Act.
She said, for example, someone is as subject to bedsores from not being turned regularly in a hospital or a nursing home.
“Nothing in APSA indicates legislative intent to protect vulnerable adults from abuse, neglect or exploitation only when they are housed in particular facilities.”
Shannon Clark, an attorney for one of the survivor families in one of the two cases at issue, said the ruling is very important.
“It really does confirm that this is supposed to have a broad, remedial effect,” he said.
But the ruling also has immediate financial effects: It means that hospitals found negligent under the law could end up facing larger jury verdicts.
Monday’s ruling addresses two separate cases that now may go back to trial.
One was brought by the survivors of Helen Wyatt, who was a patient at Phoenix Baptist Hospital, where she received 350 medications and medical interventions from doctors, nurses, technicians and therapists.
The other suit was brought by survivors of Karl Kuhfuss Jr. who underwent three surgeries at John C. Lincoln Hospital and got postsurgical care there.
In both situations, the survivors contend the care their family members received violated the Adult Protective Services Act. But in both cases, trial judges threw out those claims, saying hospitals are exempt.
Among the contentions of the hospitals was that the law specifically applies only to facilities that “provide care” to vulnerable adults. They argued that the hospital “provide treatment,” which is something different.
Full Article and Source:
Court: Hospitals Can Be Sued for Elder Abuse
5 comments:
Hospitals should be sued for any kind of abuse.
Right, and the surface left unscratched (so far) is how many "private" guardianships are created at the behest of politically powerful hospitals to permit illegal patient dumping. Just look at the June 2014 minutes of the Virginia Public Guardian and Conservator Advisory Board, which is advocating expansion of its public guardianship programs at the behest of hospitals to abet more such patient dumping.
Just look at how many Jewish Family Service of Tidewater and Catholic Charities of Eastern Virginia "clients" were dumped into one of Scott Schuett's six horrific adult homes with 400 victims, almost always as part of a "discharge plan" from a Sentara or Bon Secours hospital.
Just look at the hospital attorneys and hand-picked guardians ad litem "for" the incapacitated who are former law partners, former co-workers, even current best friends, and who railroad the incapacitated into unsafe, unsanitary hellholes in five minute rubber stamp sessions in front of a judge who is also a good buddy and former co-worker.
This is legal malpractice. This is medical malpractice. And yes, it IS abuse and neglect.
Yes. Hospitals used to be a safe place, but they're not anymore.
Be aware hospital administration will hide behind government immunity when their client, their patient is on any government insurance coverage ie Medicare and the very dangerous Medicare DisAdvantage Plan Members.
Social Workers and Case Managers included.
Filing a lawsuit against a hospital will trigger an avalanche of motions to dismiss hiding behind their thick walls of immunities.
We can blame the federal laws on this Medicare and Medicare DisAdvantage Plans (for profit and bonuses) are federal you will end up in federal court the defendants have layers of lawyers with deep pockets to silence you, to drain you.
Good luck retaining a lawyer to represent an elder who lived past the average age their worth is $00.00.
Yes there are some eye popping settlements having a video of the horrific abuse would be helpful.
When you or your loved ones step one foot into a hospital some suggestions:
#1 be certain that person is not UNDER OBSERVATION (insurance will deny all claims -- you self pay the hospital bills and any rehab that came after and all related bills)
#2 be certain the client, patient is ADMITTED AS A PATIENT do not leave until you get it in writing
#3 have a box of copies of Power of Attorney for Health Care and wallpaper the walls around your loved one's bed
#4 have a box of copies of Health Care Surrogate documents wallpaper the walls around your loved one's bed
#5 call in the troops to stand guard taking shifts -- you will be shocked what happens when family is not present a parade comes into your loved ones room
# 6 add to your wallpapering your name, phone number, all contact information including back up contacts
Think you are safer in a religious hospital?
From my family's experience: NO NO NO false sense of protection
They should certainly be able to be sued!
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