Florida Supreme Court Upholds Rights Of Nursing Home Patients In Striking Arbitration Clauses
An emerging trend in nursing home litigation has been the incorporation of arbitration clauses into admission paperwork. Under an arbitration provision, patients forfeit their right to a jury trial and disputes are resolved at a private arbitration hearing by an arbitrator. Similarly, some arbitration provisions limit an individuals economic recovery even though state laws provide otherwise. While most patients and their families never anticipate the need to rely on an arbitration clause to resolve disputes such as injuries occurring to a patient during a nursing home admssion, arbitration provisions significantly impair individual's rights. Many nursing home arbitrations are decided by...
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New Law Makes Prosecution Of Nursing Home Cases More Difficult
Unknown to most, in his later days of his term, former-president George Bush signed off on a new law that effectively clamps down on the publics' access to nursing home inspection reports. The law was signed into effect without congressional debate or public knowledge. In the past, nursing home inspections could be accessed by families by families to help determine if a nursing home was responsible for a suspicious injury or death of a loved one. Ultimately, the inspection reports were helpful in nursing home litigation as the information helped establish liability on the part of the nursing home. Similarly,...
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Just Do It. Photograph Everything
I received several responses from blog readers regarding yesterday's post questioning the need to have a link to a 'You Tube' video demonstrating the catheterization process. If I offended any of our subscribers, I apologize. However, I will not apologize for bringing to light incidents of abuse and neglect involving the elderly. Photographic evidence is one of the most important tools in proving abuse and neglect involving nursing homes. It is one thing to see a mention of bedsores, bruising or broken bones in a stack of medical records. It is quite another to see the actual photographs. I advise...
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