Category: Arbitration

Increase in use of arbitration in nursing home cases

Kaisernetwork.org has an article referencing a recent Wall St. Journal article showing how the nursing home industry is using mandatory arbitration to avoid compensating victims of abuse and neglect.  Below is an excerpt from the article: Nursing home residents and their families increasingly are “giving up their right to sue over disputes about care, including those

Colorado lawmaker seeks to prohibit mandatory arbitration in nursing home cases

The Denverchannell.com has an article about Colorado lawmakers prohibiting insurance companies and nursing homes from coercing residents to waive their right to a jury trial in exchange for recieving health care.  Excerpts are below: Rep. Cheri Jahn believes more and more nursing homes are taking advantage of elderly patients and their families by including binding

Study critical of nursing home admissions paperwork

The Columbia Tribune of Missouri has an article about a new study that shows nursing home admission paperwork to be confusing and takes away a resident’s fundamanetal rights without explanation to the residents. Nursing home admission agreements are confusing, can run 10 pages or more with unfamiliar language, are often signed in moments of distress, and

The Arbitration Fairness Act of 2007

Buried within most admission contracts for nursing homes are unconscionable and hidden clauses requiring mandatory binding arbitration in case of a dispute. These clauses stack the deck against consumers and victims of nursing home abuse and neglect.  These hidden clauses force residents to sign away their rights before a dispute even arises, and denying them access

Family learns valuable lesson about reading admission contract.

I saw this article written by a family member who failed to read the contract when admitting his mother to the nursing home.  When she was neglected and he wanted to remove her, the nursing home charged him extra money because the family did not provide one week’s notice!! Incredible.  Make sure you read every clause

Public policy is no bar to arbitration

Many nursing homes attempt to evade liability by inserting arbitration clauses in nursing home admission paperwork without telling the resident or their loved ones.  Unfortunately, many courts enforce these unconscionable agreements. A son should be precluded from filing a wrongful-death suit against a nursing home where he had signed a binding arbitration agreement prior to

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