We are in the midst of a medical debt crisis, and it is disproportionally impacting older Americans. Medical bills are the leading cause of personal bankruptcies. Thousands of people nationwide struggle to pay for the medical care they need to keep themselves and their loved ones in good health. When we receive an official bill...
The Role of Arbitration in Nursing Homes The Indiana Supreme Court is currently considering the role of arbitration in nursing home lawsuits; this decision could have a widespread impact on how elder abuse lawsuits are handled in the future. The case in question, Jane Doe I, as Legal Guardian of the Person and Estate, and...
New CMS Rule Banning Mandatory Nursing Home Arbitration Agreements In the rollercoaster that is CMS rules on arbitration of nursing home negligence cases, we have a new rule from CMS. Now, mandatory nursing home arbitration agreements are prohibited by CMS. However, the federal agency is still allowing optional arbitration agreements, so long as the arbitration...
Since Donald Trump’s Presidency, the Amount and Severity of Nursing Home Citations Has Gone Down Significantly Nursing homes are run primarily by for profit companies. These companies care about their bottom line. By taking profits away for bad care, the nursing home is dis-incentivized away from neglecting residents. If the nursing home provides bad care,...
Nursing Home Arbitration Agreements Waive Your Legal Rights Your parent is discharged from the hospital. The doctors tell you they need rehabilitation. While you never envisioned your Mom being placed in a nursing home, you tell yourself it is only three weeks of rehab. On admission to the facility, you are presented with a stack...
Attribution: Niklas Bildhauer (who also is User gerolsteiner91. [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons I signed a bunch of papers on admission – did I bind my parents to an Arbitration Agreement? It happens all of the time – your loved one is injured and needs long term care at a nursing home or assisted...
This academic paper on arbitration agreements in nursing home admission contracts was written by Attorney David Brevda of Senior Justice Law Firm in July of 2018. This post was updated April 13, 2021. If you have a legal issue arising out of a nursing home or assisted living facility arbitration agreement, contact our elder abuse...
A Nebraska judge has compelled a Valley Golden Living nursing home to stand trial before a jury, and not an arbitration panel. The landmark nursing home arbitration ruling came from Nebraska’s highest court. Argument Against Nursing Home Arbitration When Eugene Cullinane died due to nursing home negligence inside Golden Living Center in Valley, Nebraska, Mr....
A public hearing before the Constitution Revision Committee takes place today at Nova in Fort Lauderdale regarding multiple proposed revisions to Florida’s laws. As nursing home abuse lawyers, we are particularly interested in Proposal 88 which would alter Florida’s Nursing Home Residents’ Rights law. Victims of nursing home abuse are planning to show up and...
Imagine the horrific experience of having a loved one killed inside a nursing home due to abuse or neglect. You would want justice, right? Legally, your only option would be to sue the nursing home in court. Unfortunately, the Trump administration Centers for Medicare and Medicaid (CMS) has proposed a rule allowing nursing homes and...
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