Residents and their families could win big
Nursing home negligence has become an increasingly familiar nightmare for residents and families. And in spite of the growing abuse, families are extremely limited in their ability to find justice. But that may be about to change. As a recent NPR article explains, “suing a nursing home could get easier under proposed Federal rules.”
Congress considers abolishing Arbitration Agreement
As it currently stands, nursing home residents are required to sign a binding Arbitration Agreement upon entering a nursing home that limits families to arbitration should there ever be a claim against the facility. In other words, residents can’t take the nursing home to court. Rather, the matter is settled by private arbitrators who generally award far less in damages—up to 35-40% lower—than a plaintiff would win in the legal system. However, thanks to continued pressure from interest groups, as well as the efforts of 34 senators and attorneys general around the country, the federal government is considering regulating, or possibly eliminating, the present Arbitration Agreements in nursing homes. As former California congressman Henry Waxman explains, “no one should be forced to accept denial of justice as a price for the care their loved ones deserve.” By bringing these cases into the open court room in front of a jury, nursing home neglect would be brought to the fore, and residents would be entitled to higher sums awarded by the court.
Do you have a nursing home case that needs to be addressed?
Nursing home residents have rights like anyone else. Those rights should be protected by the legal system, regardless of random Arbitration Agreements forced on patients in nursing homes. We would love to hear your story, especially as the laws protecting residents could become stronger if pending legislation takes place. That means justice could be served, as well as higher rewards. What’s your story?
Contact us today
If you would like to learn more about this issue and your rights protected by law, please contact a Bell Legal Group attorney for a FREE consultation. We will make sure your voice is heard.
(888) 961-5495 or email here