Many people living in Kentucky eventually need to move into a nursing home or will need to place family members in one. While everyone hopes that they or their loved ones will receive compassionate, competent care, abuses do occur. In such cases, it is important that victims and their families have recourse against the facility.
Unfortunately, some nursing homes have made it difficult for abused residents and their family members to take action due to contracts that require aggrieved parties to seek arbitration before going to court. In some cases, the arbitration process is cumbersome, lengthy and biased, making it difficult for victims to receive compensation.
For this reason, some advocates support laws and regulations that would restrict the use of arbitration clauses in order to make it easier for nursing home abuse victims to file lawsuits against the facility and its management.
While there has been some governmental action that would prohibit nursing homes that receive Medicare or Medicaid funds from including an arbitration clause in their contracts, this remains an issue of controversy and is not settled. As a result, those who are considering moving into a nursing home or placing a loved one there should carefully review any contracts or agreements for clauses requiring third-party arbitration.
Individuals who have been victimized in a nursing home, and their families, may benefit from speaking with an experienced family law attorney. The lawyer may be able to review the client’s case and make recommendations regarding available legal strategies. Some potential outcomes could include working within the arbitration system, challenging contract clauses and potentially seeking civil litigation against the nursing home.