Do You Need A Nursing Home Abuse Lawyer In New York?
Have your loved ones been treated unfairly by nursing home care takers? If so you have a legal right to hold the staff responsible for their actions by reporting nursing home negligence. We handle cases involving nursing home negligence and abuse ensuring the rights of your loved ones are fully upheld. Nursing home negligence and abuse are inexcusable and the guilty party deserves to be held accountable.
Our nursing home abuse lawyers work diligently to protect seniors from nursing home negligence and abuse. If your elder has suffered at the hands of irresponsible caregivers, they can receive compensation for their pain and suffering damages. Your elderly loved one deserves to be cared for with compassion and respect. We can provide you with the assertive legal representation require for suing a nursing home for negligence or abuse.
We handle nursing home negligence and abuse cases involving:
Elder Abuse in Nursing Homes
Fall Related Injuries in Elderly
Elderly Bed Sores
Nursing Home Negligence
Nursing Homes & Binding Arbitration
The Federal Arbitration Act, enacted on February 12th, 1925 provides for judicial facilitation of private dispute resolution through arbitration. It applies to state and federal courts and was upheld in Southland Corp. v. Keating in 1884.
The Federal Arbitration Act provides for contractually-based compulsory and binding arbitration, resulting in an arbitration award entered by an arbitrator or arbitration panel as opposed to a judgment entered by a court of law. In an arbitration the parties give up the right to an appeal on substantive grounds to a court.
The Federal Arbitration Act requires that where the parties have agreed to arbitrate, they must do so instead of going to court.
Nursing homes have been burying a mandatory arbitration clause deep in their admission documents. In the Supreme Court case of Marmet Healthcare Center v. Brown et al in February 2012, the Supreme Court found the practice to be completely legal. Since then, most long term care facilities have been amending their agreements to include that all disputes be settled via binding arbitration. By signing this agreement, patients waive their rights to a jury-based trial. Nursing homes claim that arbitration is the right move from an economic standpoint saying that it is cost-effective and efficient.
The other side of the argument is that it is reprehensible that nursing homes will take advantage of older people who may have a diminished mental capacity and also of family members who are vulnerable and in a stressful situation where they are trying to do the right thing for their loved one. Even with long, sometimes confusing text signed during a time of stress, people may not realize or understand that when signing the admission documents they become contracts and are binding.
Many states have specifically ruled about the legality of these binding arbitration clauses with some states backing the clause and some states refusing to allow the arbitration clause. New York State has not addressed the issue so arbitration clauses will be enforced in New York.
It is vital that before you sign any paperwork for anything as important as moving a loved one into a nursing home, you should contact a nursing home neglect lawyer to go through the paperwork with you to make sure you know what you are signing.
Let Us Be Your New York Nursing Home Abuse Lawyer
You have a right to be compensated for your injuries, lost earnings, and pain and suffering damages. We will ensure your rights are protected as your New York nursing home abuse lawyer. Our goal is to make sure you receive the compensation you deserve quickly. Contact The Law Offices of Elan Wurtzel today to get started with a free consultation!
Attorney At Law
527 Old Country Rd.
Plainview, New York 11803
Quality representation you need... Respect, compassion, and attention you deserve.