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Trump Budget Proposal: Screw the Poor, the Sick and the Old

And the class action canard is irrelevant in this discussion. How the fuck would someone have a class action claim for nursing home abuse, and why would they pursue one - for their $3.99 worth of coupons on their next visit? An abuse claim is an individual claim that is extremely fact specific regarding damages and explicit laws and standards of care already in place. Only an idiot would opt in to a class action claim in a nursing home abuse context. If anything, the nursing home would prefer a class action to handle all claims at once to limit their exposure as opposed to multiple individual claims with completely unknown exposure.
 
2&2 Slider To Leyritz said:
Again, why? Why is it more advantageous to side with an insurance defense attorney than a plaintiffs injury attorney? This may come as a surprise to you, but in every single one of these cases, there is actually one of each. And I guarandamntee you that a good plaintiffs attorney has more money to throw around than an equally good insurance defense attorney.
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You really have no idea what you are talking about. But go on.
 
I'm glad we don't get billed for these lawyer on lawyer arguments.
 
2&2 Slider To Leyritz said:
Again, why? Why is it more advantageous to side with an insurance defense attorney than a plaintiffs injury attorney? This may come as a surprise to you, but in every single one of these cases, there is actually one of each. And I guarandamntee you that a good plaintiffs attorney has more money to throw around than an equally good insurance defense attorney.
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This naively assumes that all nursing home residents involved in arbitration 1. Have an attorney and 2. Have a case big enough to involve a high powered plaintiff's attorney.

Plus not all nursing homes farm these cases out to their insurance companies.
 
2&2 Slider To Leyritz said:
And the class action canard is irrelevant in this discussion. How the fuck would someone have a class action claim for nursing home abuse, and why would they pursue one - for their $3.99 worth of coupons on their next visit? An abuse claim is an individual claim that is extremely fact specific regarding damages and explicit laws and standards of care already in place. Only an idiot would opt in to a class action claim in a nursing home abuse context. If anything, the nursing home would prefer a class action to handle all claims at once to limit their exposure as opposed to multiple individual claims with completely unknown exposure.
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Elder abuse is a small sliver of the shit nursing homes do wrong.
 
2&2 Slider To Leyritz said:
And the class action canard is irrelevant in this discussion. How the fuck would someone have a class action claim for nursing home abuse, and why would they pursue one - for their $3.99 worth of coupons on their next visit? An abuse claim is an individual claim that is extremely fact specific regarding damages and explicit laws and standards of care already in place. Only an idiot would opt in to a class action claim in a nursing home abuse context. If anything, the nursing home would prefer a class action to handle all claims at once to limit their exposure as opposed to multiple individual claims with completely unknown exposure.
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Nursing homes would prefer class action lawsuits. Lol.
 
RChildress107 said:
Illegal billing and discharge practices, improper handling of Medicaid applications, substandard care that doesn't result in personal injury, HIPAA violations to name a few. Not a lot of money to be made suing over any of those.
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How have you come to these opinions?
 
RChildress107 said:
This naively assumes that all nursing home residents involved in arbitration 1. Have an attorney and 2. Have a case big enough to involve a high powered plaintiff's attorney.

Plus not all nursing homes farm these cases out to their insurance companies.
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Both of those same considerations apply in a traditional lawsuit to be able to win. You think Gramma Sally is suing the nursing home in small claims court?

And your second sentence makes no sense. If they get sued, they have to notify their insurance carrier, who then assumes the defense. Or else they don't have coverage. Let me guess, 1L?
 
RChildress107 said:
Illegal billing and discharge practices, improper handling of Medicaid applications, substandard care that doesn't result in personal injury, HIPAA violations to name a few. Not a lot of money to be made suing over any of those.
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So then how does an arbitration clause negatively affect them, if they weren't going to be sued over via a traditional lawsuit anyway?
 
PhDeac said:
I'm glad we don't get billed for these lawyer on lawyer arguments.
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Eh, your taxes are subsidizing RC107's student loan interest as he comes up with this nonsense from the journal office in the law school library. So you're paying for it in the end.
 
2&2 Slider To Leyritz said:
Both of those same considerations apply in a traditional lawsuit to be able to win. You think Gramma Sally is suing the nursing home in small claims court?

And your second sentence makes no sense. If they get sued, they have to notify their insurance carrier, who then assumes the defense. Or else they don't have coverage. Let me guess, 1L?
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They have to notify their carrier, but the carrier doesn't necessarily take over the defense and likely would not be involved at all until the case hits the deductible.
 
RChildress107 said:
Working at a nursing home and working for nursing home residents. Nursing homes aren't universally bad but those are some of the issues I've seen.
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I would suggest that makes you something less than an expert on nursing homes
 
2&2 Slider To Leyritz said:
Both of those same considerations apply in a traditional lawsuit to be able to win. You think Gramma Sally is suing the nursing home in small claims court?

And your second sentence makes no sense. If they get sued, they have to notify their insurance carrier, who then assumes the defense. Or else they don't have coverage. Let me guess, 1L?
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Nope, one year out. Already seen several cases where nursing homes used their own counsel instead of insurance company.
 
WFU71 said:
I would suggest that makes you something less than an expert on nursing homes
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I know we're getting old, but I would have thought you'd be able to remember that RChildress is an expert on all.

I'll pass the ginko rather the bong.
 
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