|
|
||
Arbitration agreements in nursing homes not yet a problem in the Fredericksburg area Date published: 6/21/2008
BY MEGAN WILLIAMS Elderly people seeking admission to nursing homes might be signing away their right to sue over poor treatment. A growing number of nursing homes in Virginia, and across the nation, require potential residents to agree to resolve disputes through arbitration and not lawsuits. "These agreements mean that the door is closed to them to use the court system in the event of poor care," said Joani Latimer, the ombudsman for the Virginia Association of Area Agencies on Aging. Elderly-care advocates in the Fredericksburg area are keeping an eye on the situation. So far, the agreements have not become a problem for nursing-home patients here or their families. Valerie Hopson-Bell, the case manager for ElderCare Connection, has not heard of a local case in which arbitration has been forced on a nursing-home client. She served as an ombudsman "It has been brought up at ombudsman meetings in the state," Hopson-Bell said of the arbitration issue. Some Fredericksburg-area nursing homes have arbitration agreements in their con-tracts. "It is part of our admission agreement," said John Sevier, the administrator of Mary Washington Health Center in Colonial Beach. However, no legal action has been taken by a resident or family member during the five years Sevier has been there. Heritage Hall Health Care in King George County "If they have a problem with us, they can choose option one, which is mediation, or they can terminate all health care service," said Jim Haines, corporate attorney for Heritage Hall. "It's a pretty standard contract. Other major providers have the same provision." Efforts to reach other nursing homes in the area were not successful. Congress is looking into the issue. Sen. Mel Martinez, R-Fla., is sponsoring legislation that would ban binding arbitration agreements in admission contracts.
The remedies are the same whether the proceeding is a lawsuit or arbitration. The only people who lose are lawyers who can run up bigger fees in litigation.
The elderly should have the same rights as the rest of society. They, or their family, should be able to sue a facility if they have received poor or inadequate care. It is pretty sad when an attorney can sue a dry cleaner's over a pair of pants, but an elderly person cannot sue a facility, that they are paying to take care of them, for inadequate care, or neglect. We need to look after the rights of our elderly.
I think it's important to try to settle out of court if you can. But to forbid elderly people to sue if arbitration doesn't work, that's downright wrong.
|
|
|||||||||||||||
