Those among us who may be considering a Nursing Home, Assisted Care Facility or other Long Term Care, BEWARE of a potential new law and contract provisions in many of the written agreements associated with these facilities.
The current administration and congress have announced changes in in the ability of residents and family members to sue when acts of negligence injure or even kill residents. The new administration is supporting and is attempting to force arbitration only as a means of addressing the crises level problem of substandard care in nursing homes and ACLF’s. This will effectively take away a Constitutional right to trial by jury. Call your congress member and Senators to voice your opposition.
Medical Malpractice and Nursing Home negligence is the 3rd leading of death in America (just behind heart disease and cancer),and 8 of 10 of those incidents go unreported. The people in these facilities are the most vulnerable in the health care world and taking away the means to make these facilities fully responsible for acts of negligence and purposeful conduct will cause even more problems, injuries and deaths.
Carefully read any contract for these services to see if the right to jury trial and access to the courts is excluded or waived and/or whether an “Arbitration Clause” has been placed in the contract. If it is, ask that it be removed or cross it out before you sign.
The drafters of both our Declaration of Independence and our Constitution (Federal and State) knew it was vital to provide the right for all people the right to have their claims heard by a jury of their peers…Do not let be taken away from you and your family and loved ones. Ever.