Nursing Home Lobby: Targets Trial Lawyers
As a Tennessee trial lawyer, I try to keep up to date on events that impact not only my clients, but my profession, as well. An article today referred to an alleged "crisis" resulting from attorney's fees in Nursing Home cases, caught my attention. The article urges "tort reform" because out of state lawyers are supposedly filing cases in Tennessee because this is a more favorable environment. The article also makes the statement, without any supporting reference, that lawyers make huge in fees by over-stating the nature and extent of the injuries to our elders. We have now heard the rhetoric. Now for some facts in this important matter.
Fact One: This article focuses on shaping public opinion through the use of paid "opinion managers". Ms. Kristen Havner of Jarrard is a woman with a depth of political expertise and is listed as the "contact" for reply to this article. The mission of Jarrad is rather clearly set forth on its website which offers its services for opinion management, among other issues.
Fact Two: The reports compiled in Tennessee by the Administrative Office of the Courts (AOC) http://www.tsc.state.tn.us/index.htm refutes the inference that huge awards are resulting in huge attorney's fees for either in state or out of state trial lawyers. Jarrard in the article quotes a nurse from the Vanco Nursing and Rehabilitation facility in Goodlettsville to support its argument that these cases are driving down the morale of nurses and increasing the costs of care. The Goodlettsville area is in the judicial districts for both Sumner and Davidson Counties. During the 2007 to 2008 time period, according to the AOC, the average trial award in personal injury or death cases in Sumner County was $153,250 and in Davidson County was $111,551. This category of matters includes not only nursing home cases, but slip and falls; car crashes; dangerous products, etc.
Fact Three: Jury trials can only make awards to injured persons if, and only if, 12 citizens of the county where the injury happened are convinced that the greater weight of the evidence supports the injured person's case. Then, upon proper Motion, the trial Judge who heard the proof must also approve the verdict. Trial lawyers do not create cases out of thin air that result in verdicts. In these cases, a nursing home resident must have been harmed by the carelessness of the nurse or nursing home. Our system of civil justice is based upon the idea that just compensation is set by the jury and not by the lawyers. Let us not indict our neighbors for trying to be fair when exercising their sworn duty.
The ChooseCareTN Act of 2009 is being vetted by this public relations firm. The proposed legislation, if based upon the things stated in the article, is grounded on the needs of the nursing home special interest groups. Use the facts! They serve us well in Court and in the forum of public opinion.
