DANIEL A. RILEY, C.N.A. v. JOHN DREYZEHNER, M.D., M.P.H., IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE TENNESSEE DEPARTMENT OF HEALTH (Tenn. Ct. App. October 22, 2012)
Appellant nurse assistant’s name was placed on the Abuse Registry after the Appellee Tennessee Department of Health concluded that he had committed an act of abuse on an elderly person in his care at a nursing home. Appellant appeals, arguing that substantial and material evidence does not exist to show that he committed an act of abuse on the nursing home resident. Having determined that substantial and material evidence in the record supports the decision of the Tennessee Department of Health, we affirm.
Opinion available at:
https://www.tba.org/sites/default/files/rileyd_102212.pdf
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Showing posts with label Nursing Home Neglect. Show all posts
Showing posts with label Nursing Home Neglect. Show all posts
Wednesday, October 24, 2012
Thursday, September 29, 2011
TN Nursing Homes Get Early Christmas with New Tort "Reform"
On October 1, 2011, Tennessee's nursing homes get their first Christmas present of the year from the Republican-controlled Legislature and Governor Haslam. That's when the state's much-less-than-stellar nursing home industry will become protected by new limits on lawsuits by those injured or killed as result of nursing home neglect.
The Tennessean accurately reports that Tennessee nursing homes rank near the bottom nationally in many key areas ranked by both the Centers for Medicare & Medicaid Services and the GAO. Despite these rankings, and despite recent suits highlighting substandard care for nursing home patients, Republicans pushed through limits on the amount of damages patients can recover in cases of nuring home neglect. The limits were part of Governor Haslam's "jobs-based" tort reform agenda. It remains unclear - in fact unimagineable - how making nursing homes less accountable for patient neglect will create jobs or improve care. But then jobs and better care for nursing home patients were not what the industry had in mind when it lobbied for the limits.
For more information on Tennessee's nursing homes and the new reforms see The Tennessean and GAO studies.
The Tennessean accurately reports that Tennessee nursing homes rank near the bottom nationally in many key areas ranked by both the Centers for Medicare & Medicaid Services and the GAO. Despite these rankings, and despite recent suits highlighting substandard care for nursing home patients, Republicans pushed through limits on the amount of damages patients can recover in cases of nuring home neglect. The limits were part of Governor Haslam's "jobs-based" tort reform agenda. It remains unclear - in fact unimagineable - how making nursing homes less accountable for patient neglect will create jobs or improve care. But then jobs and better care for nursing home patients were not what the industry had in mind when it lobbied for the limits.
For more information on Tennessee's nursing homes and the new reforms see The Tennessean and GAO studies.
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