Elder Law

Nursing Home Arbitration Bill Aids Potential Victims

By Levin & Perconti

Many, if not most, nursing homes currently require potential residences to sign arbitration clauses as a prerequisite to moving into the home. This essentially means that residences are prevented from bringing a conventional nursing home abuse and neglect lawsuit, and instead must submit any complaints to a private arbitrator, who is both chosen and paid for by the nursing home itself in non-public proceedings where awards end up being much smaller than equivalent jury verdicts. Furthermore, the clauses, hidden within the mounds of paperwork required by potential residents can easily be missed by the elderly applicants, especially those ailing from Dementia or other diseases. A new bill seeks to ban mandatory nursing home arbitration clauses because of the potential unethical effects when applied to seniors. The bill would benefit anyone potentially bringing suits for nursing home abuse and neglect.

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Full post as published by Illinois Nursing Home Abuse Blog on June 12, 2008 (boomark / email).