Nursing Home Negligence

It is never an easy when a parent needs more attention than you are able to give. After a lifetime of love and care, you want to be able to give back and take care of them in their time of need. The reality of the situation is that your aging family members probably need more specialized attention that you are able to give.

Most families have both spouses working full time jobs, not to mention getting the kids to sporting events, school events, karate, scouts and any other number of things. Besides the time, we just don’t have the skills to deal with the health issues that an aging family member is dealing with.

Looking for a nursing home is a stressful and emotional chore. You don’t want to feel like you failed, and you don’t want your loved one to think that you are abandoning them to a bunch of strangers. In the middle of all of this, you are handed a ton of paperwork to review about the facility you are choosing. In the middle of the pamphlets about the activities they have available and the type of care they will receive, you are also given the agreement that you have to sign. In a lot of cases, part of the agreement with the facility is that in case of any accidents, or even negligence, you would forfeit your right to sue the facility for any sort of compensation for any accidents, injuries, negligence or even the death of your loved one. Instead, your only recourse is arbitration. This move puts the facility at an extreme advantage since they get to choose the arbiter and even if they have to pay you for any wrong-doing, they are not forced to take the responsibility for any actual wrong-doing.

As a rule, never sign any contract without having an attorney review it. There is a lot of fine print that you may be not aware of or fully understand the meaning of.

Well, the days of nursing home forced arbitration is coming to an end. In a very recent decision by the federal agency that controls more than $1 trillion in Medicare and Medicaid funding has moved to prevent nursing homes from forcing its residents and family member’s claims out of the courts and into arbitration. Nursing homes have claimed that arbitration reduces costs significantly, however, it also stops families from getting justice in cases of negligence, sexual harassment, wrongful death and even murder.

The new rule came after officials from 16 states and the District of Columbia urged the change after it has been shown that due to the rules of arbitration, nursing homes were able to hide any patterns of negligence and abuse by its employees. This new rule has restored a fundamental right of the American people all across this country: their day in court.

If your loved one has been injured, neglected or has even died due to the mistreatment in a nursing home, contact our offices right away. Elan will work to make sure you not only get your day in court, but that you get justice for your loved one.

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