The Pennsylvania Superior Court unanimously ruled that liability for neglect and abuse can be imposed on a nursing home under a corporate negligence theory in Scampone v. Grane Healthcare Company, _A.2d_, 2010 WL 2780315 (Pa. Super. July 15, 2010). The Court observed that such liability is already imposed on hospitals, HMOs and medical professional corporations that have total responsibility for the coordination of care and management of all patients. Reasoning that a nursing home is analogous to a hospital in the level of its involvement in a patient's overall health care, the Court held that the nursing home corporate owners and operators were liable to the deceased victim of systemic neglect and abuse for its grossly inadequate and incompetent staffing. The Court said: "If a health care provider fails to hire adequate staff to perfom the functions necessary to properly administer to a patient's needs, it has not enforced adequate policies to ensure quality care....the existence of this persitent lack of adequate staffing constituted a violation the [nursing home corporate owner's] duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for its patients."
As his father's fiancée lay in bed, nine months pregnant, Jordan Brown picked up a .20-gauge shotgun and fired a fatal blast into the back of the woman's head, killing her and the fetus. Our criminal justice system is set up to punish those responsible for these horrific acts. Prosecutors have a duty to show the calculated mindset of the accused and to ask a jury to levy the punishment against those found guilty.