Kansas

• $250,000 cap on non-economic damages. This is the total amount of non-economic damages recoverable by each party from all of the defendants. (KSA §60-19a02)
• Punitive damages – limited to the lesser of the defendant’s highest gross income for the past five years or $5,000,000. If the profitability of the misconduct exceeded this, the court may award one and half times the profit instead. (KAS §60-3702)

• 2 years with Discovery Rule. (KSA §60-513 – Actions limited to two years)

• Capped at $250,000. No punitive damages in wrongful death cases. (KSA §60-1903)

• Kansas Department of Health and Environment
• Department on Aging
• Long Term Care Division
• Adult Protective Services

• Protection from Abuse Act – (Kan. Stat. Ann. §§60.3101-60.3111)
• Mentally Ill, Incapacitated And Dependent Persons; Social Welfare – (Kan. Stat. Ann. §§ 39.140-39.1442)
• Reporting Abuse, Neglect, or Exploitation of Adults – (Kan. Stat. Ann. § - 39.140)

• Bar Coding To Reduce Mistakes With Administration Of Medication

A Kansas hospital is using a bar coding system- the same technology that allows grocery clerks to quickly scan bags of groceries-- to help with verification when administering medication at the bedside.

Many hospitals, nursing homes and long-term care facilities are quickly seeking new ways to cut down on the number of mistakes involving medication errors.  Following the lead of many health insurers, new Medicare rules will deny payment for avoidable errors made by hospitals and nursing homes.

• High Staff Turnover Rates Plague Most Nursing Homes

This article from Hutchinson News Online, details the high rate of nursing home staff turnover at most facilities.  Most nursing homes have annual staff turnover rates that exceed 100%.  The lack of continuity of care is problematic for both the nursing home and residents.  For the nursing home it means an exertion of time and money to train and attract new employees.  For nursing home residents,  high staff likely has a direct impact on the quality of their care.  According to a 2006 University of Kansas study on nursing homes, employee turnover is "the most important factor in predicting nursing home deficiency scores."

• Where Will Criminals Go When They Need Skilled Nursing Care?

Like it or not, many of us will rely on skilled nursing facilities-- commonly known as nursing homes-- to provide us with the medical care that we may not be able to provide for ourselves at some point in our lives.  Similarly, there is a sizable group of convicted felons who will require similar care for their needs.  So where will they go? 

In most jurisdictions, the answer is quite vague and generally simply ill-addressed as most states have not squarely addressed the issue.  The result of this delay and denial is that many convicted felons--- even those with particularly repulsive backgrounds--- may be living side-by-side with your family member. 

• Class Action Lawsuit Against Skilled Healthcare Seeks Damages For Chronic Understaffing Of Nursing Homes

If you were to look at just one criteria for selecting a nursing home, I'd tell you to look at the facilities staffing levels.  Sure, its nice to have a sparkly new facility and perhaps a gourmet chef, but when it comes down to patient care nothing can take the place of a sufficiently staffed facility with properly trained men and women.

In order to assure that nursing home patients are adequately cared for, some states such as California have legislated minimum hours of care provided to patients on a daily basis.  While the number is of course somewhat arbitrary and varies substantially from patient to patient, the patient care requirements do provide somewhat of a floor with respect to minimum staffing requirements for nursing homes.  

• Maggots, Sores, Allegations of Neglect.... Is it time for police to get involved in cases involving poor nursing home care?

A somewhat unusual news story was forwarded to me over the weekend that involved police intervention in a case involving a severely neglected nursing home patient.  Apparently, staff at a Via Christi Hospital (Kansas) called police after a nursing home patient was taken to their hospital for care. 

Immediately after they began treating the man, it was readily apparent that that man was not in good condition as hospital staff noticed maggots and open sores on his feet when they removed his shoes.  According the the news report, police have initiated an investigation into the care provided at the Desert Health Group facility.