Fairness in Nursing Home Arbitration Act 2008 - One Step Closer in Protecting Nursing Home Residents
Many nursing homes across America are trying to force residents and their families into arbitration when they have legitimate claimor nursing home abuse or wrongful death. The arbitration provisions are often buried into the admission agreements. For the most part, they are clearly designed to reduce the liability faced by the nursing home after it has negligently failed to care for a resident. After many legal battles, it appears that the federal government is poised to correct the abuse of power.
The Fairness in Nursing Home Arbitration Act of 2008 bill was approved by the Senate Judiciary Committee yesterday. The bill was designed for the express purpose of the rights of nursing home residents to hold nursing home facilities legally accountable for negligence and abuse.
Currently, disputes that arise between residents and facilities are governed by arbitration agreements contained within the admission paperwork. Once signed, the residents give up their right to hold the facility accountable for negligence and/or abuse that could result in injury or death for the resident. If a dispute arises, the resident is automatically forced into mandatory arbitration with the facility. As the arbitration agreement requires that the process is completely confidential, the facility never faces any public accountability for the damage that has taken place. The current bill pending will prevent eliminate the nursing home corporations' bargaining power through mandatory arbitration. Instead, arbitration will remain an option while leaving open the legal avenue for residents to pursue.
To read more concerning this matter, go to Senior Citizens Move Closer to Right to Hold Nursing Homes Accountable for Neglect, Abuse
