Congressional subcommittee passes bill that protects right to file nursing home lawsuits
On Tuesday, the U.S. House Subcommittee on Commercial and Administrative Law passed an arbitration reform bill that will protect the ability of nursing home residents to file personal injury cases in court. If the bill becomes law, mandatory arbitration clauses in many admission agreements would be deemed invalid, preserving the rights of individuals injured by abuse or neglect to file a nursing home lawsuit against the facility.
Mandatory nursing home arbitration clauses have become more and more common in admission agreements at facilities throughout the United States. The provisions, which are usually buried in the fine print and non-negotiable, require that any dispute which arises as a result of negligence or abuse be resolved through binding arbitration, preventing residents from redressing their grievance in a public court of law. The arbitration process is often confidential and the selection of the arbitrator is usually set up to the disadvantage of the resident.
On July 15, the U.S. House Subcommittee passed the Fairness in Nursing Home Arbitration Act, which proposes to invalidate mandatory nursing home arbitration clauses and allow consumers to choose between arbitration and a nursing home lawsuit if a dispute arises.
According to McKnights.com, not surprisingly, several Republicans on the subcommittee voted against the measure, attempting to shield the nursing home industry. However, they were outvoted 5-4. Attempts to weaken the bill by proposed amendments designed to protect physicians and nursing home providers from accountability, and ensure that there were no retroactive effects of from the bill were also shouted down in voice votes.
Two other bills were also passed on the same day. The Arbitration Fairness Act is a general legislation drafted in 2007 which seeks to remove pre-dispute mandatory arbitration clauses that currently exist in many contracts between business entities and consumers or employees. The Automobile Arbitration Fairness Act is an industry-specific act that covers arbitration clauses related to purchase of automobiles and auto insurance.
The consumer advocacy group Public Citizen issued a press release earlier this week praising the House Subcommittee for protecting Americans’ access to the courts and allowing them to choose whether to solve their disputes in court or through arbitration. David Arkush, director of Public Citizen’s Congress Watch said:
Forcing consumers to settle disputes through arbitration gives corporations an unfair advantage by allowing them to hand-pick business-friendly arbitrators, while saddling consumers with costs far higher than those in court and much slimmer chances of success. Allowing big corporations to shop for arbitration firms and impose them on consumers creates nothing less than a market for injustice in which arbitrators compete to favor corporations. The solution is to give consumers a meaningful choice on whether to arbitrate.
NURSING HOME LAWSUIT ATTORNEYS
The nursing home attorneys at Saiontz, Kirk & Miles, P.A. investigate potential negligence lawsuits throughout the United States on behalf of nursing home residents and their families. Mandatory arbitration provisions create a substantial injustice, depriving individuals injured by abuse or neglect from pursuing a nursing home lawsuit based on a agreement families are required to sign at the same time they are told their family member or loved one will be properly cared for.
If you, a friend or family member have suffered injuries as a result of nursing home abuse or neglect, review the legal rights which may be available by requesting a free consultation and claim evaluation.
