Wrongful death action; attorney fees
The introduction of SB1199 is expected to significantly alter the landscape of wrongful death litigation involving long-term care facilities in Arizona. By allowing for the recovery of attorney fees, the bill aims to empower families who seek justice for loved ones who may have suffered harm or neglect while under the care of these facilities. Advocates argue that this could lead to more families pursuing legitimate claims, thus fostering accountability amongst long-term care providers and potentially improving care standards as facilities would be more aware of the legal repercussions for their actions.
Senate Bill 1199, introduced in the Arizona Legislature, aims to amend Title 12 of the Arizona Revised Statutes by adding a new section that facilitates the recovery of attorney fees for plaintiffs in wrongful death actions against long-term care facilities. This bill specifically defines long-term care facilities to include assisted living homes, assisted living facilities, and nursing care institutions, making it clear who is liable under this legislation. The intention is to provide a financial incentive for plaintiffs by ensuring that if they win their wrongful death case against such entities, they will not be burdened with attorney fees.
The sentiment surrounding SB1199 appears generally positive among advocates for elder and patient rights, who see the bill as a necessary step to protect vulnerable populations in long-term care settings. They argue that long-term care facilities often have substantial legal defenses and resources to defend against claims, putting families at a disadvantage. However, there may be concerns from some long-term care facilities about the implications of increased litigation and potential financial liabilities associated with attorney fee awards.
Notable points of contention regarding SB1199 may revolve around the interpretation and applicability of the definition of 'long-term care facilities'. Stakeholders could express varied opinions on whether the bill provides adequate protection for families or if it imposes excessive liability on care providers, possibly discouraging them from offering services due to fear of litigation. Moreover, discussions might also explore the overall implications for the long-term care industry, particularly in how it might influence operational costs and the provision of care.