Personal Injury Law

Tennessee's' "Kill Old People Cheap Act" Defeated For This Year

By George Fusner

This morning the Tennessean reported that the bill pending in the legislature to cap damages for nursing home negligence failed in subcommittee last might. Amen. Why should a particular industry get special treatment when it injuries old and frail people? It should not.

Being held responsible for ones own actions is called personal responsibility. This is specially true when you are dealing with people who are so vunerable. I am responsible for my 88 year old Mother. Although her mind is still with her, she is very frail. She lives in an assisted living facility in Brentwood. Her care is excellent. I did a lot of research on various facilities before selecting Southland Place. There was a vast difference in staffing, cleanliness, attitude among other items. Cost did not seem to be a factor.

No industry or class of tortfeasors should be treated differently or given special privileges. One of the founding principals of this country was that all persons would be treated equal and bear responsibility for their own actions. The Fourteenth Amendment to the US Constitution provides for equal protection for all people. It states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

How clear can it be? Juries do a wonderful job of making decisions. Trial by jury is guaranteed by the 7th Amendment to the US Constitution. Our Judges to a great job of overseeing the system. There are adequate laws in place if an error is committed. As they say "if it ain't broke, don't fix it." Don't allow special interests to "Kill our old people cheap."

Full post as published by Nashville Personal Injury Lawyer on April 22, 2009 (boomark / email).