Friday, September 30, 2016

Tackling Nursing Home Abuse

Suppose a nursing home has a rogue employee who abuses elderly patients by intentionally overdosing them, hitting a difficult patient, giving wet sponge baths near a person's mouth to create inhalation of water (leading to deadly pneumonia)—or simply being careless to the point where a patient falls and suffers a debilitating injury.
Over the past 15 years or so, operators of nursing homes have required patients (and their power-of-attorney guardians) to waive the right to sue for negligence, wrongful death and other claims. Instead, any claim must be arbitrated. That means the dispute is heard by a private judge, sometimes selected by the nursing home—and often the arbitration agreement sharply limits damages that an arbitrator can order.
This masquerades as a “voluntary” type of dispute resolution—but no more.
President Obama’s Human Services Department agency put forward rules that bar any nursing home that receives federal funding from requiring that its residents resolve any disputes in arbitration, instead of court.

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