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January 28, 2011

A tort reform bill pending the approval of Wisconsin Governor Scott Walker will prevent nursing home incident reports from being admissible in court. The effect would be many nursing home abuse incidents would never be punished, and if a nursing home abuse case was brought to court abusers could easily lie with no abuse or neglect records to contradict them.

A nursing home incident report is a report filed by nursing homes whenever something bad at the facility takes place. Nursing home abuse lawyer and elder advocacy groups say these reports are critical in the fight against nursing home abuse, as they hold nursing home employees accountable for actions of abuse or neglect.

However, if the tort reform bill is signed into law–and Governor Scott Walker has said he will sign it–these records will not be allowed in court.

This situation was reported on by the Wausau Daily Herald in an opinion piece aimed at repealing the provision that would not allow nursing home incident reports into court.

source: http://www.wausaudailyherald.com/article/20110127/WDH06/101270323/Our-View-Law-leaves-nursing-home-victims-in-cold

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