Malpractice News: Patients Sign Away Right to Nursing Home Lawsuit
A June 2008 story reported by the Associated Press tells the troubling story of families who find out too late that when they made the difficult decision to place a loved one in a nursing home, they also gave away the right to file a lawsuit against the nursing home should their loved one suffer because of substandard care, nursing home neglect or for any other medical malpractice.The story profiles a Wisconsin family whose 84-year old patriarch died from infections stemming from a lack of care to treat multiple pressure ulcers. When the family filed a lawsuit, they found their case dismissed because the man’s wife had signed a required pre-admission agreement that should complaints arise because of quality of care, that the case would have to be settled by an arbitrator. A Senate committee is currently investigating the use of binding arbitration agreements between nursing homes and the families of patients, noting that over 100 lawsuits have been filed in the past five years challenging the validity of these agreements. Lawmakers in both houses have presented bills that would make these agreements unenforceable. Our medical malpractice lawyers are here to help you.
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