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Elder Abuse Lawsuits At Risk Of Damage Caps


Our nation’s aging population has brought the need of the elderly and their protection to the forefront of the media and national discussions. Elder abuse is an all-too common heard of crime and situation, breaking the hearts of many family members and leaving long-term damage and even death to victims. Laws around the country and in Texas are in place to provide some restitution to family members in these cases.

Texans concerned about nursing home neglect and related lawsuits may want to look to their neighbors in the north and be aware of a proposed piece of tort reform legislation. The Oklahoma state legislature has recently brought forward a new bill that would limit the compensatory damages allowed to be awarded to victims of elder abuse and neglect or their family members.

This proposed reform has generated complaints from opponents who state that lawmakers are more concerned with protecting nursing home companies than they are with protecting elderly patients and residents. One challenge in a personal injury claim against a nursing home is the difficulty is obtaining a full view of the corporate structure of these institutions. Often lawsuits are relegated only to a shadow company instead of the larger number of players truly involved.

People with loved ones in nursing home care or in assisted living facilities should always be aware of their conditions. In the event of any concerns, a consultation with a Texas elder-abuse lawyer may be able to be useful in providing proactive assistance and guidance.

Source: Take Part, “Legislators Put Nursing Home Profits Ahead of Elder Abuse Problems,” Matthew Fleischer, September 9, 2013

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