West Virginia bill would limit nursing home liability
3/5/2013 5:51 AM
Nursing homes face numerous liability risks.
Nursing homes face a significant amount of liability. Employees are given the task of caring for people who are no longer able to do so themselves, and if something goes wrong that results in injury or other types of damages, a nursing home could find themselves on the wrong end of a major malpractice lawsuit.
One state that is looking to limit the amount of liability nursing homes face is West Virginia. According to the Charleston Gazette, a new bill would apply the state's Medical Professional Liability Act to nursing homes. This would restrict the amount of non-economic damages nursing homes could face to $500,000.
West Virginia nursing homes would likely welcome this bill if it passes, as the source reported a Charleston nursing home was held liable for $91 million in damages for the death of an 87-year-old woman back in 2011.
Nursing homes can face malpractice lawsuits for numerous reasons, one being failure to meet the standard of care. One example of this liability issue could be not providing a patient with the proper medication.
Another liability claim nursing homes can face is wrongful death. If a family believes their relative passed away in a nursing home due to an error or negligence, a wrongful death lawsuit could be filed.
To help protect healthcare facilities against these types of lawsuits, professional liability insurance can be obtained. This type of coverage can provide financial assistance for legal and court fees and settlement and judgment costs.
The employees of nursing homes may also want to consider obtaining this insurance, as a single lawsuit filed against them could be financially crippling.
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