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New Legislation Makes it Difficult to obtain Nursing Home Negligence Evidence

Attorneys for the family of woman who froze to death on the roof of a hospital are asking a judge to sanction the state Health Department for refusing to turn over notes written by inspectors who found hospital errors after her death. The notes the family seeks were taken days after her wrongful death and resulted in a critical 22-page inspection report made public in January. The dispute reports stems from a rule change in the U.S. Department of Health and Human Services enacted in late 2008. Attorneys say that the legislative changes deprive them of key evidence once available in wrongful death and negligence suits against hospitals and nursing homes. The rule has become a “substantial problem” across the country for attorneys pursuing claims against nursing homes and other heat facilities. This will make requests for records under the Freedom of Information Act drag out for years. To read more about the hindering legislation, please check out the link.