TortDeform: The Civil Justice Defense Blog

Justinian Lane

Nice summary of Texas tort "reform"

It made me chuckle:

Abuse of the elderly in nursing homes has long been a recognized as a problem.  In Texas, our legislature “addressed” the problem by making it harder to sue nursing homes.  Seems those evil plaintiff lawyers and whining relatives of abused relatives were proving to be a drain on the profits of the large nursing home chains.  But large contributions to those in power in Austin saved the day.  (Yes, I’m being sarcastic.  But votes have consequences and many voters are finding that blind support for “tort reform” just maybe wasn’t a good idea).

Source: Texas Probate Litigation: Abuse by home care providers

Posted at 11:29 AM, Jul 17, 2008 in Permalink | Comments (5) | TrackBack (0)


Comments

Most nursing homes make no profit. They have to be subsidized by charitable organizations, such as religious groups. Both are under siege by the land pirate. Horrible, lawyer entitled, greedy, families deserve the consequences of their pretextual lawyer gotcha. The nursing homes will close when bankrupted. These horrible bullying people have to take their ultra-violent loved ones home when the homes close. They can endure the batteries, the flinging of fluids, and the massive consumption of their time and money.

Posted by: Supremacy Claus | July 17, 2008 04:38 PM

Abuse of the elderly in nursing homes has long been a recognized as a problem. In Texas, our legislature 'addressed' the problem by making it harder to sue nursing homes."

Great logic: First, take a general problem. Then, take a piece of legislation, and generalize it for dramatic effect. When the legislation does not happen to address the problem, insert passive criticism.

Allow me to demonstrate:

Terrorists have long been recognized as a problem. In the United States, our Supreme Court "addressed" this problem by making it harder to capture terrorists.

OR

Nursing home costs have long been a problem. In Texas, some trial lawyers want to "address" this problem by making it easier to sue nursing homes.

Posted by: Lawyer | July 17, 2008 05:04 PM

I am glad to hear that there is somewhere where nursing homes are making large corporate profits. In our state they lose money and are closing so fast I can't keep up. Have you ever tried to find placement for an elderly patient with a feeding tube? To add a degree of difficulty, make sure that all they have is Medicare and Medicaid.

These nursing home lawsuits make sure that the only ones who can go to a nursing home are those who have enough money to cover the added expenses of the litigation. Those with little resources have no chance. We call this home hospice.

Posted by: throckmorton | July 17, 2008 05:19 PM

Lawyer: "Terrorists have long been recognized as a problem. In the United States, our Supreme Court "addressed" this problem by making it harder to capture terrorists."

Isn't that basically what McCain said? :-)

Posted by: Justinian Lane | July 17, 2008 05:22 PM

I strongly advocate personal attacks on all lawyers, lawyer-regulators, and lawyer-judges enabling the plunder and destruction of this essential community service. If a lawyer sues, if a judge allows a suit, if a lawyer passes an additional regulation or fails to repeal a regulation, if a federal jack booted thug shows up to investigate, to take away records, it deserves to face total personal destruction. It should begin with a countersuit. This claim will allow total e-discovery by forensic experts, including of personal computers. This depth of discovery seeks to find bias, rent seeking, and Justinian style hate speech. If found, the lawyer action should get sanctions from personal assets.

If that fails, then a standard personal investigation, again seeking evidence of bias, should go on. The findings should get published to the web, and to the news media.

The government cannot defend even a meritless claim for under $1 million. That exceeds the value of almost all government or law firm employees. That insures that, after a brief face saving interval, the employee will be forced out.

These measures should come to represent a standard of due care and a fiduciary duty of almost all administrations of entities attacked by the land pirate. Appeasement of the total enemy of clinical care is a failure of fiduciary responsibility.

It should also become a duty of professional and provider associations to join in these defenses. The members should be able to sue such associations if they fail to assist in the defense of clinical care from attack by the cult criminals.

Lastly, total self-help is morally and intellectually justified against these internal enemies of clinical care. It should begin with an all out boycott and shunning of the person on a blacklist by all product and service providers. If the cult criminal wants to use methods and doctrines from 1250 AD, let these cult criminals live the lifestyle of 1250 AD. Let them go to the bathroom outside in winter.

As they show no quarter, so should none be shown to them.

Posted by: Supremacy Claus | July 17, 2008 05:34 PM


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