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Nursing Home Patients Signing Away Their Right to Sue for Abuse and Neglect
Posted on Jan 29, 2009
Patients entering nursing homes typically must sign "admission agreements." Deep inside these multiple page contracts are often hidden provisions that deny nursing home patients the right to sue for damages due to abuse and neglect. Instead they are "agreeing" to waive their right to sue and to resolve their claim via arbitration. In an arbitration, there is no jury and the case is decided by 1-3 persons who may be biased in favor of the nursing home industry.
The attached article from Fox News describes both perspectives on compelling nursing home patients to give up their Constitutional right to sue. Currently pending before Congress is a bill to make these mandatory arbitration agreements unenforceable. At Williamson & Lavecchia, L.C. we support this legislation and believe deeply in every person's Constitutional right to have their claims vindicated in a court of law.
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