Tag Archives: Punitive Damages

The Reality Of Punitive Damages In Elder Neglect Lawsuits

In 1987 Congress passed the Nursing Home Reform Act, but the NHRA only said that a "nursing facility must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident," without providing specific numbers on the minimum staffing levels for registered nurses and nurse's aides required per resident. The situation is a perfect storm for elderly abuse and neglect: more residents and fewer nursing assistants translates directly into profits for the owners of the facility, sending the whole industry into a 'race to the bottom.' The states have filled in the gap in some ways with regulations ... Continue Reading

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Can Sandusky’s Sexual Abuse Victims Sue Penn State?

[UPDATE, July 12, 2012: The independent report by Louis Freeh's law firm has been released. It is damning, to say the least, concluding there was a "total and consistent disregard by the most senior leaders at Penn State for the safety and welfare of Sandusky's child victims." Blame is rightfully heaped upon Paterno, Spanier, Curley, and Schultz.] [UPDATE, June 22, 2012: Jerry Sandusky was convicted on almost all counts. Reuters quoted me talking about the effect of the prosecution and conviction on the civil lawsuits pre-verdict here and post-verdict here. Short version: Penn State, as I had hoped, is signaling their ... Continue Reading

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