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AARP campaigns to keep nursing home records in court

LTC Liability Monitor, April 15, 2004

A proposed Senate bill barring nursing homes' state inspection records from the courtroom garnered fierce criticism from the AARP last week, reported the Kansas City Star.

Under the legislation, plaintiffs' attorneys could not introduce state inspection records as evidence in lawsuits against nursing homes unless the records were directly relevant. Judges currently decide whether the public records are admissible in a trial, and rarely throw the records out, according to attorneys for nursing homes.

AARP claimed the bill would make it more difficult to successfully sue a nursing home for resident abuse or neglect, according to the Star. The organization ran full-page ads in 10 Kansas newspapers urging citizens to contact their legislators in opposition to the bill.

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