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Beware nursing-home arbitration requirement
Date published: 7/16/2008
Nursing home corporations are using arbitration to prevent judges and juries from evaluating nursing home abuse and neglect.
A Free Lance-Star article ["Elderly want right to sue homes over care," June 21] addresses the troubling practice by nursing homes of requiring patients and their families to sign arbitration provisions that prevent the victims of abuse and neglect from turning to judges and juries for help.
Arbitration provisions force victims to surrender their disputes to an arbitrator, who, many times, is hand-picked by the nursing home, actively represents the health care industry, hears evidence privately, and makes binding decisions about victims' rights.
Nursing homes declare that arbitration is less expensive than resolving disputes in courts of law. However, arbitration provisions often force patients and their families to pay arbitration fees up front, limit access to nursing home documents and witnesses, and limit the types and amounts of damages that can be recovered.
Arbitration is less expensive only for nursing homes.
Victims of nursing home abuse and neglect have a right to hold nursing home corporations fully and publicly accountable in courts of law.
If we allow that right to be stripped from them, we make value judgments no less culpable than those that resulted in the abuse and neglect--that the elderly, the abused, the neglected are somehow less entitled, less important, and less deserving.
If every life is worth living, if there is dignity and sanctity in all life, if every person is special, and if courts of law exist to protect us all, especially those who are least able to protect themselves, nursing home arbitration provisions should not be tolerated.
If nursing home corporations would place as great a premium on providing good care, arbitration provisions would be as unnecessary as they are immoral.
Robert W. Carter Jr.
Appomattox
The writer is an attorney whose practice is devoted to protecting the rights of patients and their families.
Date published: 7/16/2008
Most recent reader comments:
Nursing homes
(posted by
Mandrake
, July 17, 2008 11:51 am)
Very true, nice letter
(posted by
msdaisy
, July 16, 2008 5:53 am)
The problem is by the time many end up on the doorstep needing their services (sometimes suddenly following a stroke or other medical issue) they have no choice but to sign the agreement or be turned away. “Sign here or don’t let the door hit you in the butt on the way out, and don’t forget to take grandma with you!” There is no choice, and that is sooo sad.
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