13 Trial Lawyer • Winter 2023 dents prescribed medication for months, which resulted in the death of one patient. • The facility administration destroyed reports by facility staff of physical and emotional abuse committed by a caregiver and failed to report the abuse to law enforcement. • Facility administration destroyed medical records of residents to cover up repeated infectious outbreaks. Safe and protected How the top brass at a facility behave is critical in creating a safe environment for residents. Oregon’s Abuse of Vulnerable Persons Act, ORS 124.100, provides treble damages and attorney fees for a vulnerable person who suffers injury, damage or death due to physical abuse. The Act specifically excludes health care facilities. ORS 124.115(1)(b). That means the individual caregiver or administrator is on the hook, but the nursing home itself can avoid financial responsibility under current law. Removing immunity for nursing homes under the Act could be a significant motivator for owners and operators of nursing homes to establish strong safety cultures within all of the facilities. The nursing home residents we are talking about are important to all of us. It is time Oregon steps up and embraces the progressive ideals that we, as a state, claim to hold. These ideals involve ensuring that the most vulnerable Oregonians are safe and protected. The laws designed to protect residents must be bolstered to achieve this. Lara Johnson is a shareholder in the Corson & Johnson Law Firm. She specializes in motor vehicle collisions, nursing home abuse and neglect, and medical negligence. She contributes to the OTLA Guardians at the Guardians Club level. Her office is located at 940 Willamette St., Ste. 500, Eugene, OR 97401. She can be reached at ljohnson@corsonjohnsonlaw.com or 541484-2525.
RkJQdWJsaXNoZXIy MTY1NDIzOQ==