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New Federal Rules Could Prevent Nursing Home Abuse Victims from Attaining Justice – New York City Injury Attorney Investigates

On Behalf of | Aug 18, 2016 | Firm News

Nursing homes advertise reliable care in a comfortable, safe environment. Unfortunately, many retirement homes fall short of this promise – and residents suffer the consequences.

Nursing home abuse and neglect can cause emotional distress, medical complications and even wrongful death. In most cases, the victims of nursing home abuse and their families can file a lawsuit against the at-fault staff member or facility, but this may not be possible if the resident signs an arbitration clause.

These clauses require nursing home abuse victims and their families to settle disputes related to services or products through private arbitration rather than by filing a lawsuit. As The New York Times explains, corporations love arbitration agreements because they protect them from liability. However, these clauses can prevent nursing home residents and their families from having legal recourse after abuse or neglect.

If your loved one was injured or died due to nursing home abuse, contact Antin, Ehrlich & Epstein, LLP. A personal-injury lawyer in New York City will evaluate your case to determine if you may be entitled to compensation for health-care bills and other damages related to the incident.

Our legal team has recovered tens of millions of dollars for our clients. Call 917-730-7151 to schedule a free initial consultation.

In the meantime, read on to learn more about federal rules that could prevent nursing home abuse victims from attaining justice:

New Rules “Should Have Banned Pre-Dispute Arbitration Clauses”

A recent article from The New York Times asserts that the new rules proposed by the Centers for Medicare and Medicaid Services “should have banned pre-dispute arbitration clauses.” The report argues that the proposed rules “basically condone them” if retirement homes take steps to disclose and explain the clauses, and do not include the clauses as a condition for admission.

Although it may seem as though prospective residents and their families can refuse to accept arbitration clauses without consequence, they do not have the information to decide not to sign the clauses. Essentially, the family would have to predict if their loved one would suffer abuse or mistreatment that would motivate them to seek legal recourse. However, with so many factors to consider when admitting a loved one to a nursing home, it is unreasonable to expect a family to sign away their right to sue.

Before the rules are released in September, they will undergo an evaluation from The White House Office of Management and Budget. The OMB can – and should – ask for a revision to prevent forced arbitration for nursing home abuse victims.

If you would like to speak with a nursing home abuse attorney in New York, contact Antin, Ehrlich & Epstein, LLP. A personal-injury lawyer will evaluate your case, interview witnesses and help you navigate the claims process.

Our attorneys have been negotiating and litigating personal-injury claims in New York for more than 75 years combined. Call 917-730-7151 to schedule a free consultation.