U.S. to Bar Arbitration Clauses in Nursing Home Contracts

U.S. to Bar Arbitration Clauses in Nursing Home Contracts

Posted By Maher Law Firm || 29-Sep-2016

In a major victory for the rights of nursing home patients and their families, an agency with the Health and Human Services Department has moved to prevent any nursing home that receives federal funding from forcing patients and their families into using arbitration to resolve claims of elder abuse, sexual harassment, and wrongful death. According to an article by The New York Times, the new rule will protect the rights of approximately 1.5 million nursing home residents. This move is being described as “the most significant overhaul of the agency’s rules governing federal funding of long-term care facilities in more than two decades.”

This new rule will eliminate the need for families to choose between forfeiting their legal rights and ensuring that their loved ones receive quality medical care.

Arbitration clauses deeply embedded in the fine print of nursing home admissions contracts have caused the public to wonder about the quality of care provided by many facilities. Arbitration has helped these facilities dramatically reduce their legal expenses, but at the cost of keeping families from obtaining justice after their loved one is injured, abused, or even killed.

Arbitration clauses, appearing in everything from nursing home contracts to cell phone contracts, have long been criticized as enabling corporations and businesses to get away with patterns of wrongdoing and hide potentially embarrassing practices from the public eye. People who sign contracts containing these clauses are stripped of their right to bring a lawsuit in court; instead, any issues that arise must be handled privately with the help of an arbitrator who, ironically, often has some interest in the very entity the plaintiff is fighting. Unsurprisingly, this often doesn’t end favorably for the victim.

If your loved one has been harmed while in the care of a nursing facility, turn to The Maher Law Firm for a free evaluation of your case. We can advise you on your legal options and help you take appropriate action against the negligent nursing home.

Contact us today to speak with an Orlando nursing home abuse attorney.

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