Parker Waichman LLP

New Rule Gives Nursing Home Abuse Victims the Right to Sue

  Nursing Home Abuse Victims. Thanks to a new ruling, victims of nursing home abuse and neglect will no longer be barred from court due to pre-dispute arbitration clauses. The rule, which takes effect on Nov. 28, prevents nursing homes who receive federal funding from forcing residents to sign admission contracts that contain pre-dispute arbitration […]

Abuse Victims

 

Nursing Home Abuse Victims. Thanks to a new ruling, victims of nursing home abuse and neglect will no longer be barred from court due to pre-dispute arbitration clauses. The rule, which takes effect on Nov. 28, prevents nursing homes who receive federal funding from forcing residents to sign admission contracts that contain pre-dispute arbitration clauses, in which residents agree to go through the private and secretive system of arbitration as opposed to court when problems arise. This system has been largely criticized because it protects facilities from liability when residents suffer abuse, neglect, sexual assault and death.

The rule was issued by the Centers for Medicare and Medicaid Services (CMS), an agency under Health and Human Services; it is a huge victory for nursing home residents and their loved ones. Essentially, the barring of pre-dispute arbitration clauses means that their legal rights have been restored. According to the New York Times, officials in 16 states and the District of Columbia urged the government to cut off funding from nursing homes that use forced arbitration.

Nursing Home Failed To Protect Residents

In a yearlong investigation, the New York Times gathered records from over 25,000 arbitrations between 2010 and 2014. The investigation identified cases of abuse, neglect and even death that were barred from court due to arbitration clauses. NYT cites the case of a woman with Alzheimer’s who was sexually assaulted two times in two days at a nursing home. When her family tried to sue the nursing home, they were blocked due to an arbitration clause. Ultimately, they settled. A subsequent government investigation found that the facility “failed to protect” the woman.

NYT reports that binding arbitration even initially blocked a case of murder from litigation.

Under the new rule, a federally funded nursing home cannot enter into a pre-dispute arbitration agreement with residents or their representatives. Nursing homes can no longer make forced arbitration a condition of admission. Furthermore, if a nursing homes asks the resident to sign an arbitration agreement after a dispute has occurred, the new rules dictate that the agreement must be presented in a manner that the resident or representative understands. Additionally, the agreement cannot bar the resident or anybody else from talking with federal, state or local officials.

Need Legal Help Regarding Abuse Victims?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

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
I have the highest level of confidence in Parker Waichman. They are one of the very brightest law firms I have ever known. Their recent very successful settlement of my case, is another indication of how skilled they are.
Myles Haught
8 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value
Edith Barrow
2 years ago
5 Star Reviews 150
I am still trying to reach building management at 2 Washington St battery park for attendance at wild cat Corp.
Burnett Birthwright
6 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