Scott Walker, Governor of Wisconsin, has signed into law a bill that will make it harder for victims of nursing home abuse to obtain justice.
The Wisconsin Omnibus Tort Reform Act does in Wisconsin what no other state has done. It puts state records of abuse or neglect in nursing homes off limits to attorneys representing persons suing nursing homes.
Such reports often originate with nursing home employees who witness abuse or neglect and feel conscientiously impelled to report it to a designated state agency and the law requires that agency to follow up with an investigation.
If the state agency investigation confirms serious violations, they refer the matter to the Wisconsin Department of Justice, which is in charge of investigating potential criminal offenses of abuse or neglect
So-o-o, a nursing home employee witnesses abuse or neglect of an Alzheimer's patient and submits a written report of same to the state. An investigation of the matter discloses the very high likelihood that Grandpa was indeed mistreated, and mistreated severely. The matter is referred to the state's Department of Criminal Justice, which concludes that the reported abuse apparently constitutes a criminal offense.
Under the new law signed by Governor, the initial report of the nursing home employee is neither admissible as evidence in a civil suit against the nursing home or its employees nor available to the attorneys in the Department of Criminal Justice.
No other state has this kind of restriction. The Wisconsin legislature, Scott Walker, and the nursing home industry have colluded to make it easier for nursing homes to get away with abuse and neglect of the old and helpless.
Compassionate conservatism??
For-profit nursing home operators made substantial contributions to Walker's election campaign.
Read more:
http://www.standup4wis.org/?p=920
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