In his Clarion-Ledger column of Nov. 11, Senator Tim Johnson is absolutely correct when he states that it is “our sacred obligation” to protect the residents of Mississippi’s nursing homes.

In pointing the finger for skyrocketing insurance costs at the proliferation of lawsuits by “out-of-state trial lawyers”, the Senator raises an interesting and important question: Are insurance premiums rising because of more lawsuits, or are more lawsuits a result of declining care in Mississippi nursing homes? (His assertion of increased lawsuits is made, by the way, without any evidence whatsoever.)

Let’s examine some facts about the quality of care in this state’s nursing homes:

Violations increase

According to a recent University of California report using state survey data, Mississippi nursing homes led the nation in “housekeeping” violations with approximately three times the number of violations than the national average.

While a housekeeping violation may sound harmless, it means that nearly 60 percent of Mississippi nursing homes were so filthy that inspectors deemed them a serious health hazard for residents.

Additionally, Mississippi nursing homes lead the nation in accident violations with nearly 250 percent more violations than the national average. An accident violation is anything that endangers the life or the safety of the resident.

In Mississippi, state survey data also shows a shocking decline in the quality of care during the past several years.

Since 1997, nursing homes have had dramatic increases in the number of homes being cited for quality of care problems. State surveyors noted the following increases:

• “Dignity” violations increased 445 percent,
• “Housekeeping” violations increased 320 percent, and,
• Short staffing violations increased 267 percent.

This is just a sample of the growing problems now being found in Mississippi nursing homes.

The data, collected by the Federal Centers on Medicare and Medicaid Services, show that the quality of nursing home care in this state is in a downward spiral and residents are suffering worse than ever before.

Unacceptable filth, immediate danger to residents, and a host of other problems have been found in a majority of homes in Mississippi clearly demonstrating that this is not a problem of the “infrequent few”, as cited by Senator Johnson, but is widespread throughout the state – and it appears to be getting worse.

Focused to turn to courts

Because of this crisis in care, too many families are being forced to turn to the courts for relief and, it is important to note, these same people who seek justice in our courts are not the cause of the problem. Nor are the lawyers who bring forth these claims.

It is disingenuous for nursing home industry advocates pointing fingers at “out of state trial lawyers”, without mentioning the fact that many of Mississippi’s nursing homes are run by out of state nursing home corporations. In fact, several of these national chains have been part of well-documented cases of misallocating literally hundreds of millions of dollars earmarked for care.

Instead of focusing our energy on “improving the legal environment”, as the Senator suggests, we should concentrate on improving the living conditions of our parents and grandparents who live in these homes It should be our mutual goal to make Mississippi nursing homes the best they can be without stripping residents of their ability to seek justice in our courts.

Jim Wilkes is licensed to practice law in Mississippi and is a founder of the law firm of Wilkes & McHugh, P.A. To contact: 1-800-255-5070 .

 

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