Nursing Home Arbitration Clauses may be Invalidated
Legislation has been proposed in Congress to invalidated nursing home arbitration clauses that appear in many admission contracts. The provisions take away the resident’s ability to file a lawsuit in court as a result of nursing home neglect or abuse, removing their access to the courts and often hindering their ability to investigate a case by limiting discovery. In addition, the clauses allow facilities to avoid the public accountability of a nursing home lawsuit, which could increase the growing problem of poor care that is provided at many facilities.
The Fairness in Nursing Home Arbitration Act is sponsored by Sen. Mel Martinez, a republican from Florida, who acknowledges that he did not know that he agreed to a mandatory arbitration clause when he admitted his parent to a nursing home. The legislation is supported by many public interest groups, the AARP (American Association of Retired People), the Alzheimer’s Association, as well as most plaintiff’s nursing home lawyers, who have seen first hand the impact the arbitration clause can have on a resident’s ability to obtain justice for negligent care and abuse.
Nursing home lawsuits serve an important function in our society, and it is important to protect a residents ability to choose litigation through the court system or arbitration once a dispute arises, not when they are seeking the long-term care that they need. Lawsuits not only provide compensation for victims of nursing home abuse and neglect, but they also act as a deterrent for poor care and hold facilities publicly accountable.
The language which requires nursing home arbitration claims instead of lawsuits started to appear in standard admission contracts in the late 1990s. Continuing to allow the mandatory arbitration clauses will remove much of the incentive that is currently provided by lawsuits for facilities to monitor themselves. It will also further reduce the available options for quality nursing home care for individuals who are unwilling to sign away their right to go to court.
About 1.5 million people in the United States currently live in nursing homes and other long-term care facilities, and that number is expected to skyrocket in the coming decades due to about 80 million aging baby boomers. Substantial concerns already exist about the generally poor quality of care that is provided in many nursing homes, and this legislation will serve an important function of keeping the courthouse doors open for aging and ill Americans.
NURSING HOME LAWYERS
The nursing home lawyers at Saiontz, Kirk & Miles, P.A. investigate potential cases for negligent care and abuse throughout the United States. If you, a friend or family member have suffered a severe injury which was caused by neglect, request a free consultation and claim evaluation.
