We consider the door to the courthouse as a path to justice. At times, there are obstacles in that path. When those obstacles get in the way of our seniors and elderly family members pursuing their rights against nursing homes, we should take notice.
Under the Trump administration, the Centers for Medicare and Medicaid Services (CMS) wants to overturn an Obama-era regulation that prevented nursing homes from forcing residents to sign an agreement for private arbitration in case of a dispute. Read the rest »
A recent New York Times article shed more light on the unfairness of arbitration. The article entitled, “Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?” tells the tragic story of Elizabeth Barrow (link to article https://www.nytimes.com/).
Ms. Barrow was a resident of a nursing home in Massachusetts. She had just celebrated her 100th birthday in 2009. A month later staff at the nursing home found her dead in her room with a plastic shopping bag wrapped over her head and around her neck. Ms. Barrow’s roommate, who had a known history of aggression and violence, murdered Ms. Barrow after a minor disagreement. The roommate was later deemed unfit to stand trial and committed to a state mental hospital. Read the rest »