It’s Now More Difficult to File Nursing Home Abuse Cases

Making a decision to put your loved one in a nursing home is never easy and unfortunately, a growing number of people have come forward with allegations against nursing homes that have allegedly abused or neglected their loved ones. The trump administration, however, is taking action to try to prevent the number of consumers filing such lawsuits. Many of the lawsuits against nursing homes allege abuse, neglect or substandard care.

A rule issued by the Obama administration prevented nursing homes from requiring that consumers agree to resolve their disputes through arbitration rather than litigation. Typically, nursing homes will demand that the consumers sign an arbitration agreement to manage the way in which disputes are handled should they arise. However, the Trump administration is attempting to roll back these regulations. Approximately half of nursing home residents today have some type of dementia including Alzheimer’s disease, which means that family members who are in a hurry to place their loved one in a care facility may not notice these arbitration clauses as they shift their loved one into a home offering care.

After discovering abuse or neglect, the loved ones may realize that they do not have legal recourse to file a lawsuit to hold the nursing home accountable for substandard treatment or neglect. It is strongly recommended that you read all of the fine print when thinking about placing your loved one into a nursing home. This is a highly delicate and emotionally challenging decision but is well worth the effort to investigate properly.

Are you concerned about your own estate plan or that of your parents? Talk to a lawyer today to learn more.

 

 

 

Request A Consultation

"*" indicates required fields

Name*
This field is for validation purposes and should be left unchanged.