In Minnesota, abuse lawsuits die with the victims

  • Article by: Brandon Stahl , Star Tribune
  • Updated: January 20, 2014 - 9:34 AM

Families and their lawyers call for changes to the state’s Survival Law.

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margeanncullenJan. 18, 1411:04 PM

Of course the insurance companies don't want the laws changed. Insurance companies are rackets and make lots of money doing nothing.

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ruphinaJan. 18, 1411:32 PM

Why not just a simple statute of limitations after the death (none if the victim still lives)? Make it ten years, and make the defendant post a bond for the full amount of the suit if they file for even 1 delay. Bill G.

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TaxifourJan. 19, 14 6:27 AM

What goes around, comes around.

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asdfasdfJan. 19, 14 7:42 AM

What they should do is make these places list every citation/ conviction related to their organization on every publication (especially advertisements) they produce. They might start taking patient care seriously if it impacts their profit margine.

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eddie55431Jan. 19, 14 8:46 AM

More vultures are circling the legislature. The trail lawyers are second only to the teacher's unions in total donations to the Democrats, so naturally they want some payback for their donations, and this is it. Damages paid in lawsuits are to compensate the injured, not enrich their heirs and lawyers. We need tort reform all across the spectrum to LIMIT the amount of awards, not MORE ability to suck off the medical system! Low-information low-income voters keep right on stuffing the ballot boxes to elect the liberals that keep picking their pockets in a thousand little ways....

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mn2niceJan. 19, 14 9:22 AM

It's all about accountability. Those in health care have a duty to treat those they care for with the utmost respect and compassion. Unfortunately, nursing assistants are not well regulated by most states, even though they provide 90 percent of the care people get in skilled nursing facilities. The homes only provide cursory supervision by licensed nursing staff. That is unconscionable.

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winb0016Jan. 19, 14 9:38 AM

1) Lawsuits are not simply about compensation for the victim, it's an additional punishment. 2) A person of that dies of unrelated causes most likely would have left the money to their family, so it does not matter whether the person is alive or not. 3) It makes it easy to stall lawsuits that involve elderly or otherwise frail individuals. Minnesota law needs to change to hold persons and corporations responsible for their actions.

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JaneZercherJan. 19, 1410:13 AM

My brother who was in a palliative care unit of a MN nursing home was sexually assaulted by his roommate who was much bigger and stronger. Despite a police report stating that this had happened all the nursing home did was apologize and sent the man to a different facility. I tried to sue the nursing home for putting this man in with a totally defenseless man but my brother died before it went to court and so "to bad, so sad". I can't think of my brother without feeling remorse over putting him in this facility that had a good reputation and allowing them to treat him the way they did.

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beaver88Jan. 19, 1410:15 AM

margeanncullen - "Of course the insurance companies don't want the laws changed. Insurance companies are rackets and make lots of money doing nothing." I would say of course the trial lawyers want to change the law. Lawyers are rackets and make lots of money doing nothing. I'm not sure who's more evil at the core, lawyers or insrance companies.

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dewarfJan. 19, 1412:23 PM

It's all about lawyers and their fees. How about changing the law to include that lawyers must provide their services for these 'abuse lawsuits' on an no-fee basis? THEN let's see how anxious these 'rights advocates' are to file these frivolous lawsuits. Lawyers fees versus insurance company profits. Neither will ever change, with or without legislation.

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