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Texas nursing home death illustrates the ill effects of damage caps on the quality of care provided at nursing homes in the state

A seventy seven year old man died in at McAllen nursing center in Texas over the summer from brain injuries resulting from a heart attack he sustained when he choked on a peanut butter and jelly sandwich he was mistakenly given with no drink to help it digest. The negligence of the McAllen nursing center highlights and underscores the continued challenges facing nursing homes in providing adequate care to patients.

Due to 2003 legislation in Texas, damages from nursing home negligence cases are capped at $250,000, providing little incentive for corporate owned homes to prevent a vocational nurse or a poorly trained nurse’s aide from negligently killing a patient. Republican lawmakers in Washington, D.C., want to apply Texas’ litigation cap to the rest of the nation.

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