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NURSING HOME ABUSE AND NEGLECT
Nursing homes are supposed to provide caring, healthful environments for elderly and disabled adults who can no longer care for themselves. Unfortunately, cases of nursing home neglect and abuse are rampant.
When nursing homes and nursing home staff prey on society’s most vulnerable members, they must be held accountable. Trey Jones will force nursing homes and their insurance companies to pay for the pain and suffering they have caused.
Federal and state laws require nursing homes to develop plans of care that ensure residents’ needs are met. When nursing home staff fails to fulfill these plans, residents often experience serious and life-threatening injuries.
Failure to properly feed, provide fluids and administer medication; falls and fractures from lack of proper supervision; and lack of adequate grooming can cause painful injuries, physical suffering and death.
Because nursing home residents often have limited cognitive abilities, it can be hard to identify instances of abuse. As the family member or friend of an individual living in a nursing care facility, there are steps you can take to ensure your loved one is receiving proper care and warning signs to look out for. Common examples or signs of nursing home neglect or abuse include:
- Pressure ulcers caused by failure to reposition an immobile patient
- Malnourished and dehydrated residents
- Physical abuse of seniors in nursing homes by staff and other residents
- Improper restraint techniques
- Failure to properly administer medication
- Abandonment
- Slip-and-fall injuries
- Infections
DID THE NURSING HOME HAVE YOU SIGN AN ARBITRATION AGREEMENT?
Many nursing home chains are incorporating arbitration agreements into their admission paperwork
An enforceable arbitration agreement could waive your right to have your claims heard by a jury. Binding arbitration replaces the traditional trial proceeding, including a judge and the 12-person jury, with a more informal proceeding presided over by a single (or a panel of three) decision maker known as an arbitrator. The arbitration hearing will likely take 2-3 days--versus a much longer jury trial--and the arbitrator will hear most of the same evidence that would be presented to a jury. He will consider the evidence and arguments and will render a decision.
What does this mean for your potential case? The loss of your right to have your claims heard by a jury trial is no small matter. The right to a jury trial is one of the oldest and most fundamental rights afforded to citizens in our country. It is a right that is worth fighting for. While some arbitration agreements are valid and enforceable, you should speak to a knowledgable lawyer who can review and analyze several factors that could impact the validity of an arbitration agreement.
Nursing homes spend a lot of time and money attempting to create enforceable arbitration agreements. Nursing homes would prefer that your claim be heard in the setting of arbitration rather than a jury trial. Generally speaking, this is because an arbitration award is statistically likely to be a lesser amount than what a jury might award. If your case is stuck with an enforceable arbitration agreement, it is not the end of the world. You can still obtain justice for your injuries or for the loss of your loved one.
Be sure to hire a lawyer who will navigate the arbitration process to give your case the best chance for a fair and reasonable recovery.