Are you vulnerable?

THERE IS PROBABLY NO OTHER PROfession that is as susceptible to being made the butt of a joke as the legal profession.

Of course, this is not without good cause. No, I'm not going to remind you of Brentwood, or of the carnival-like atmosphere that surrounded the chant, "if it doesn't fit, you must acquit." I will, however, ask you to turn your thoughts to Florida, where the state's laws have made it easy and profitable to sue nursing homes. And that's no joke.

In her feature, "Is liability coverage an endagered species?", Senior Associate Editor Suzanne Bilyeu reflects on how liability insurance rates have been tripling and quadrupling of late--even for those facilities with a good record-and that liability coverage that was perhaps unaffordable last year may now be unavailable this year.

Liability insurance carriers are pulling out of the long term care market nationwide, according to a report issued by the Florida Department of Insurance. Such a boycott-- coupled with the cash settlements some facilties are paying out to settle cases that arguably shouldn't even be in court--could cripple the long term care industry. Please see her story, which begins on page 30.

And since we're talking about susceptibility here, let's not forget how vulnerable a facility is to fraud from providers of health care. In this month's cover story, "Unmasking fraud and abuse," contributing author Kelly J. Taylor, RN, JD, writes about how long term care facilities are working to reduce potential liability by reviewing their internal compliance programs. Her article starts on page 34.

Then there's the question of whether OSHA's ergonomic standard should apply to the health care workplace. In this month's "Legal briefs" department (which starts on page 15), contributor Thomas H. Wilson writes that what many employers and many employer representative associations that have joined in litigation to stop the standard are questioning is whether the ergonomic standard is simply a method by which OSHA can second-guess the judgment of employers with regard to very difficult medical and workplace issues. He summarizes that unless the standard is stopped by pending litigation, health care employers will find the OSHA ergonomics a time-consuming and expensive government regulation.

Almost makes you wish there was a vaccine to help protect yourself from all these ills, doesn't it?

Mark Zacharia

Editor-in-Chief

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