Trial lawyers discovered early in the 1990s that the 1976 Resident's Rights law for nursing homes made it easier to sue. The Sentinel said lawyers get 25 percent to 40 percent of what the client receives and more than nine out of 10 cases are settled, often for six or seven figures. At times, the lawyer gets more than the nursing home resident. Of the 924 cases, half involved bedsores. Only six of the cases went to trial.
Nursing homes say they face a crisis.
Liability insurance rates are soaring, even for homes that rarely are sued. An important factor, perhaps the root cause, is that the federal government is squeezing the industry by paying less than the actual cost of caring for Medicaid patients. Less reimbursement, higher insurance premiums and big payouts to lawyers do not leave a lot for better patient care. Either by capping awards in lawsuits or finding a way to distinguish between legitimate cases of neglect involving medical problems, which certainly have occurred, and mere complaints like cold food being served, the Legislature must act. Driving the nursing home industry out of business and leaving the state of Florida to run nursing homes does not seem to offer better care or less cost, when all is said and done.