Practice Areas

Nursing Home Abuse
Personal Injury and Automobile Accidents
Medical Malpractice
DUI, Traffic and Criminal Law Defense
Business Litigation
Divorce

Blog

Firm News

Jury awards senior $7.75 million in nursing home abuse lawsuit
Posted on 2/27/2010

Virginia Beach nurse implicated in nursing home identity theft
Posted on 1/29/2010

Kickbacks lead to nursing home residents being prescribed drugs
Posted on 1/29/2010

Cases of nursing home abuse and neglect may go up over the holiday season
Posted on 11/30/2009

Senators pushing back against DEA narcotics crackdown affecting nursing home residents
Posted on 10/31/2009

GAO Report questions ability of CMS to find and monitor subpar nursing homes
Posted on 9/30/2009

Virginia nursing home being sued for $26M over resident death
Posted on 8/28/2009

State Attorney Generals raise concerns about CMS Nursing Home Rating System
Posted on 8/27/2009

Abuse investigation of Virginia nursing home workers
Posted on 7/30/2009

Nursing Homes on the lookout for Swine Flu
Posted on 6/24/2009

View All

Firm Library

Legislation would allow nursing homes to be held accountable for abuse and neglect

Imagine this scenario: you place your aging mother in a Virginia nursing home after doing extensive research and finding what you believe to be the best facility for her needs. Unfortunately, while under their care your mother is abused by a staff member with a history of abuse. You would like to sue the nursing home for their negligence. However, you find out that when you filled out the mountain of paperwork to have your mother admitted to the home you signed a mandatory arbitration agreement. This means you are forced to allow a third party to make a binding decision about your case against the nursing home. Does this seem fair?

Two Senators from the Senate Special Committee on Aging don’t think so. They have reintroduced the Fairness in Nursing Home Arbitration Act. A version of the bill was approved by the Senate Judiciary Committee during the 110th Congress. This act does not prohibit arbitration as a means to resolve disputes between residents, their families, and nursing homes; what it does is require that arbitration be voluntary. According to the act, the agreement to arbitrate a dispute should be made after a dispute has arisen – not before.

The Fairness in Nursing Home Arbitration Act has wide support, including more than 30 national consumer advocacy organizations. Some of the better known organizations supporting the Act are the AARP, the National Consumer Law Center, the Consumers Union, and over 80 state organizations.

If you have a loved one in a nursing home or long-term care facility, you may or may not remember signing a mandatory arbitration agreement. These types of agreements are becoming increasing popular with nursing homes, and with so many documents to be read and signed many residents or their families don’t realize that they signed one until it is too late. Unfortunately, if your loved one is a victim of nursing home abuse or neglect, this mandatory arbitration agreement means that you will not get your day in court.

According to Senator Herb Kohl (D, WI), “This legislation is a narrowly targeted measure that protects nursing home residents, one of our nation’s most vulnerable populations, from losing the right to hold nursing homes accountable in court for negligent or abusive care. Our bill will ensure that families have legal options when resolving disputes that can have far reaching consequences.”

This is great news for nursing home residents and their families, although it remains to be seen if the legislation will make it through Congress. If you would like to speak with an attorney about problems you or someone you love has experienced with poor nursing home care, neglect, or abuse then please contact the law offices of Weisberg & Zaleski.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223

Ask an Attorney
Free Consultation

Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Get Directions