If you want an optimistic sign when seeking tort reform, one would be having the governor’s attentive eyes and ears. That’s just what Georgia’s nursing homes had during a roundtable discussion aimed at reining in frivolous lawsuits against healthcare providers and other industries.
Chris Downing, president and CEO of the Georgia Health Care Association, participated in a roundtable on Friday with Gov. Brian Kemp (R), state officials and other healthcare leaders to discuss what’s needed for the sector in tort reform. This was the second discussion Kemp has hosted; the first was in August with small business owners.
In February, the state legislature approved the Data Analysis for Tort Reform Act, which gives the state Insurance Commissioner the authority to collect information on tort claims and tort-related insurance risks. The roundtables are the next step in the process to controlling lawsuit abuse and excessive injury awards.
Downing told McKnight’s Long-Term Care News Tuesday that the long-term care community supports Kemp’s tort reform efforts against “predatory healthcare litigation.”
“These costly lawsuits increase the financial burden on skilled nursing centers and threaten the ability of centers to deliver quality care,” Downing said. “Inflammatory and sensationalist tactics by attorneys have created an environment that has prompted clinicians and practitioners to feel their sincere professional and clinical judgment is called into question and is contributing to increased risk of burnout and turnover.
“Providers and caregivers are accountable for their care,” he added, “but trial attorneys promote a narrative that suggests any patient decline is avoidable and grounded in negligence and willfully disregards the nuances of individualized clinical care and prognosis.”
Top ‘hellhole’
Last year, the American Tort Reform Association named Georgia its top “Judicial Hellhole” after a series of “nuclear verdicts.” As one example, the Georgia Public Policy Foundation reported on a “stupefying” $1.7 billion award to a plaintiff in a case last year against Ford Motor Company.
Georgia’s trial lawyers spent $84.29 million advertising in the state last year, according to a report from the tort reform association.
“Excessive lawsuits benefit trial attorneys and not older adults and families who need long-term care,” Ginny Helms, president and CEO of LeadingAge Georgia told McKnight’s Tuesday.
Helms did not participate in the governor’s roundtable discussion but said the organization will continue to advocate for these reforms, including working with Kemp’s administration.
“Tort reform has long been needed here in Georgia,” she added.
Geographic hotspots
In May, a report from Willis Towers Watson estimated that general and professional liability premiums for long-term care providers might remain flat for some who have few or no previous losses and are in non-plaintiff friendly venues. But for those in tougher geographic markets or with a history of expensive claims, rate hikes could average or even surpass 20%.
“There continues to be frequent reluctance to deploy significant capacity in litigious venues such as NY, NJ, CA and FL,” the report stated. Other “less-than-desirable” areas included Philadelphia and Cook County, IL, where Chicago dominates.
Pennsylvania also tops the American Tort Reform Association’s list of “Judicial Hellholes.” In August 2022, long-term care providers and sector advocates came out swinging against a state Supreme Court ruling that opened the gates for malpractice suits to be tried in plaintiff-friendly jurisdictions. That ruling overturned a 2003 decision to keep lawsuits within the county of alleged injury.
Healthcare providers were leaving the state due to excessively high insurance premiums resulting from the litigation-friendly environment, Zach Shamberg, CEO of the Pennsylvania Healthcare Association, told McKnight’s at the time.
Elsewhere, legislation in Florida that would have limited who could file wrongful death lawsuits against nursing home operators to spouses and children under age 25 died in committee. House Bill 1029 and its Senate companion bill would have prevented 90% of wrongful death lawsuits against nursing homes, one plaintiff’s attorney estimated.
