Judgment doesn’t always equal recompense, which is the subject of a blog from Levin & Perconti, a firm in Chicago. The blog speaks specifically about being “judgment proof” in the arena of nursing home law. Being judgment proof means that the responsible party doesn’t have the money to pay for the harms and losses caused by their liability. Nursing homes that are judgment proof have no incentive to act responsibly because they know that their negligence won’t result in a paid verdict.
To redress this, nursing homes that receive Medicaid and Medicare funding should be required to buy a minimum amount of insurance coverage. Experts and consumer advocates in Illinois would like to see this passed for nursing homes. So far, nursing home lobbyists have prevented any change, but there’s a growing move in Illinois to require nursing homes to have minimum liability coverage.