PKSD Supports Petition Calling for Arbitration Agreement Bans in Nursing Home Admissions
Posted by PKSD Law Firm on Aug 31, 2015 in Nursing Homes and Elder Rights
The attorneys and staff at Pitman, Kalkhoff, Sicula & Dentice, S.C. are proud to support a petition calling for the ban of arbitration agreements in nursing homes admissions contracts.
As a law firm that has persistently fought for the rights of nursing home residents and their families, we firmly believe that arbitration agreements fail to protect the rights of seniors living in nursing homes.
The American Association for Justice (AAJ) launched the petition five days ago and asked the public to sign their petition calling on nursing homes to stop obligatory arbitration clauses. Arbitration clauses force both parties to resolve their disputes outside of the court system. This means that when residents suffer neglect, abuse, and injury, the elderly cannot seek legal options. Unfortunately, families who lose a loved one in a nursing home where an arbitration agreement was signed cannot seek legal assistance.
Forced arbitration clauses block seniors and their families from getting the justice they deserve. In June 2015, the Centers for Medicare and Medicaid Services (CMS) brought forward a proposition that would end forced arbitration for nursing homes that receive public funding. The proposed rule would eliminate arbitration agreements, and insert voluntary clauses that would allow nursing home residents to pursue their legal options.
The purpose of the AAJ petition, which has garnered more than 22,000 signatures, is to send a message to the CMS that the rights of seniors should be a priority. Our loved ones should not have to sacrifice their rights to protect corporate profits.
It is estimated that between one and two millions Americans over the age of 65 have been injured, exploited or otherwise mistreated.
By 2050, one in five Americans will be over the age of 65, many of whom will reside in nursing homes where the risk of abuse and neglect is elevated.
At Pitman, Kalkhoff, Sicula & Dentice, S.C., we have obtained favorable settlements and verdicts on behalf of nursing home victims and their families. We support the AAJs stance on arbitration agreements and implore you sign the petition and share it amongst your friends in order to protect the rights of our seniors.