Skip to: Content
Skip to: Site Navigation
Skip to: Search

September 5, 2008 11:55:07 PM CDT

Learn about Newser Points »

« Back to the grid | Next story »

Nursing Homes Pressure Patients to Forgo Lawsuits

Posted Apr 11, 08 2:39 PM CDT in Business,  Science & Health 

(Newser) – Nursing homes are pushing patients to give up the right to sue, writing binding arbitration clauses into standard contracts for admission, the Wall Street Journal reports. The homes say the practice lets them concentrate resources on care instead of costly litigation, which soared in the '90s, but critics charge that vulnerable elderly patients often don't understand what they're signing away.

A recent industry study found that claims of poor treatment in nursing homes are on the rise. Two senators have introduced legislation to stop homes from using contracts that compel arbitration. The practice is unfair "given the unequal bargaining position between someone desperate to find a place and a large corporate entity like a nursing home," one tells the Journal.

Source Wall Street Journal

0 comments | Print E-mail | Digg Seed this on Newsvine Add this link to Del.icio.us StumbleUpon

Related Newser Stories

  • Settling Out of Court Pays Off, Study Finds

    Aug 8, 08 6:18 AM CDT
    Settling Out of Court Pays Off, Study Finds Taking a civil lawsuit to court tends to be a costly mistake, the New York Times reports. Researchers have found that plaintiffs who reject out-of-court settlements end up with less money 61% of the time, losing an average $43,000. Defendants turned out to be right more than plainfiffs about going ahead with a trial—but the average cost of a bad call was a whopping $1.1 million.
    More »

  • Antipsychotic Drugs Triple Health Risks in Elderly

    May 27, 08 8:53 AM CDT
    Antipsychotic Drugs Triple Health Risks in Elderly Elderly dementia patients given antipsychotic drugs, even briefly, are three times as likely to end up hospitalized or dead within a month, new research has found. The study looked at 40,000 elderly Canadians, half of them in nursing homes, and found that the drugs increased the risk of heart problems, pneumonia, and falls, Reuters reports. More »

  • When Dumb Lawsuits Attack

    Mar 23, 08 5:00 AM CDT
    Emotional trauma because she used the men’s restroom? Surfer in pain after losing his wave? The Daily Mirror digs up the silliest lawsuits ever filed:

    1. Whale tale: After their 27-year-old son was found dead on the back of an orca, parents sued SeaWorld for depicting killer whales as huggable stuffed animals.
    2. My name’s Jackass, too! A man named "Jack Ass" sued MTV for plagiarizing adopted moniker.
    More »

  • Robot Dogs Cheer Up Elderly

    Mar 1, 08 8:02 AM CST
    Robot Dogs Cheer Up Elderly Robot dogs are almost as effective as the real thing in cheering up elderly nursing home residents, a new study at St. Louis University has found. Once the patients had some time to get used to him, researchers say robot mutt AIBO lowered loneliness levels about as well as a lovable therapy dog named Sparky did in a control group, the AP reports. More »

  • Insurer Owes Patient $9M for Ending Policy

    Feb 23, 08 9:36 AM CST
    Insurer Owes Patient $9M for Ending Policy A California health insurance company owes a breast cancer patient $9 million in damages after it canceled her policy in the middle of chemotherapy treatments for breast cancer, the LA Times reports. The arbitration judge called Health Net’s actions “despicable." The hefty ruling, the largest of its kind, sends a warning to other insurers who try to cut costs by weeding out sick clients, analysts say. More »

Experts say binding arbitration clauses in nursing home contracts are becoming the norm, and claims of poor treatment are on the rise.   (Shutter Stock)
Nursing homes are increasingly writing arbitration clauses into their standard contracts.
Critics of nursing home contracts say elderly patients are often required to sign mandatory arbitration agreements they may not understand.   ((c) Ben Scicluna)
« Prev« Prev | Next »Next » Slideshow
Our editors also recommend:

Threads (1 of 1)

Tags

lawsuit  • elderly  • nursing homes  • arbitration  • litigation


Loading...

Premium Articles from HighBeam

Find more articles like this

Today's Most Popular


Other Science & Health Stories

What is Newser?

2008 Codie Finalist

Newser gives you more news in less time. We search for the best and most important stories all over the web, read them for you, and deliver concise and sharp summaries—along with links to the full text. Newser provides a way to stay on top of an ever-expanding horizon of news and opinion—politics, sports, business, trends, technology, personalities, crimes, and controversies. Newser keeps you not just better informed, but, with our signature graphic interface and smart condensed format, more enjoyably informed.

Learn more »