Parker Waichman LLP

Legal Rights Restored for Nursing Home Residents and Their Families

As of November 28, 2016, when an individual or a loved one fills out an application for residency in a nursing home, admission will no longer be contingent on signing away one’s legal rights. With a significant new ruling on Wednesday, September 28, regulators for Medicare and Medicaid have barred nursing homes that receive federal funding […]

As of November 28, 2016, when an individual or a loved one fills out an application for residency in a nursing home, admission will no longer be contingent on signing away one’s legal rights. With a significant new ruling on Wednesday, September 28, regulators for Medicare and Medicaid have barred nursing homes that receive federal funding from requiring residents to agree, in advance, to resolve disputes in arbitration instead of in court, reports The New York Times.

Nursing homes have long been shielded from liability for claims of neglect, harassment, abuse, assault, and wrongful death. This historic move marks the end of a pervasive practice that was not beneficial to the nursing home resident or to their families. In actuality, the ruling brings back the basic right of Americans to have their day in court when the situation calls for it, the Times reports.

The ruling will no doubt create a trend for ending pre-dispute arbitration at other institutions and corporations that receive government support. A rule has been proposed by The Consumer Financial Protection Bureau that would prevent banks, credit-card companies and other financial firms from using arbitration clauses to stop consumers from banding together in class-action lawsuits.

If that rule had been in place when Wells Fargo customers discovered that fake accounts were being opened in their names, they could have sued as a group. However, the pre-dispute arbitration clauses that were signed apparently applied to the fraudulent accounts, which then barred their access to the courts, according to the Times.

The Department of Education has suggested a rule that would limit the use of arbitration clauses in enrollment contracts at schools that take part in federal direct loan programs. It would differ from the nursing home rule where such clauses are not permitted. The Education Department’s proposal would allow clauses as long as schools explained clearly what the options are and not make signing anything a condition for admission, the Times reports.

The former practice of pre-dispute arbitration in the last decades, has become a secretive, privatized tribunal system ruling all manner of contracts. It invariably supports corporations and protects them from accountability, thereby creating a climate where wrongdoing can persist and thrive. The new nursing home rule plus additional efforts by federal agencies to ban forced arbitration, are harbingers that there truly can be a day in court and justice for all, reports the Times.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Today i just received my acceptance letter from the W.T.C and VCF just wanna say the excellent work of your employee trisha and christina morace did a fairy good job I would love them to represent me anytime Under any situation. A extra special thank you for that for those great employees.
andre facey
7 months ago
5 Star Reviews 150
Could not of asked for a better experience. Never had one issue, Lynda Luckman was the nicest and easiest person to deal with while keeping me updated throughout the whole procedure for my case.
Gregory Levine
5 years ago
5 Star Reviews 150
Michele josama at parker waichman is a wonderful and extremely polite person she has made my experience an easy and best experience ever I thank her from the bottom of my heart for all she has done. And I would highly recommend her to everyone I know. Parker waichman are extremely lucky to have her.
Maxine Fuentes
4 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038