Big Changes Coming to Most Nursing Home Arbitration Agreements

A popular national news source has recently published an article discussing a change of policy by the Centers for Medicare Services that should open up many nursing home contracts to the possibility for the resident to sue nursing home providers accused of abuse or neglect directly in state or federal court, instead of being required to submit their claim to arbitration, a process that generally favors defendants.

Old WomanMedicare Foots Some or All of the Bill in Most Nursing Home Agreements

Health care improvements and the changing dynamics of how Americans approach old age and family relationships mean that most Americans who reach the age of 75 will need long-term, full-time nursing care at a residential facility at some point in their lives. With the increase in the breadth of the nursing care industry and the bill often being paid by the federal government, providers are often incentivized to provide substandard care and cover up or downplay signs or accusations of abuse.

Signs of Nursing Home Abuse or Neglect

It can be difficult for the families of nursing home abuse victims to know when abuse has occurred. Many of the residents who are the most vulnerable to abuse, whether intentional or the result of neglect, suffer from dementia or other cognitive disorders that may make it difficult for family members to tell if their loved one has been a victim or not. There is also a sense of pride and not “wanting to be a burden” that is often present in older generations, and it may prevent nursing home residents from reporting abuse.

A health care industry expert quoted in the article mentioned some signs that family members should monitor if they suspect abuse. Sudden changes in behavior or mood may signal that there has been some sort of abuse, as well as a resident’s refusal to discuss certain employees or residents with their loved ones.

No elderly person should be a victim of nursing home abuse while they are in their final years. Hopefully, the changes in the legal procedures for seeking damages from nursing homes will make it easier to hold the nursing home operators and providers accountable in a court of law for the actions of them and their companies. All U.S. taxpayers contribute to the cost of long-term care through Medicare and other subsidies, and we should not be paying for poor care that is too often overpriced for the level of care provided.

Making a Claim for Nursing Home Abuse or Neglect

If you or a loved one has been a victim of Maryland nursing home abuse or neglect, a civil claim for compensation may be appropriate. Whether your claim is filed with an arbitration panel or in a state or federal court, the assistance of a qualified Maryland nursing home abuse and neglect attorney can ensure you and your loved ones are treated fairly in the legal process. The Maryland nursing abuse lawyers at Lebowitz & Mzhen, LLC may be able to help you obtain the compensation and justice that you and your loved ones deserve. Our skilled Maryland nursing home abuse and neglect attorneys can fight to hold nursing homes up to the standard of care that they guarantee, and we can try to hold the responsible parties accountable when they fail to meet that standard. At Lebowitz & Mzhen, LLC, we represent clients in Maryland, Northern Virginia, and the entire D.C. area in all nursing home abuse and neglect cases. Call us toll-free at 1-800-654-1949 or contact us online to schedule a free consultation today.

More Blog Posts:

Nursing Home Resident Dies After Developing Gangrene from Untreated Bedsores, Maryland Nursing Home Lawyer Blog, published October 7, 2016.

New Rule Restricting Arbitration Clauses May Result in Better Care for the Elderly, Maryland Nursing Home Lawyer Blog, published November 7, 2016.

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