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[Legal News index]
Nursing Home ADR Agreement Challenged. Jan 22nd, 2012
January 22, 2012 -- Most nursing home admission packets contain an ADR Agreement in which the resident waives his or her right a jury trial. Once the resident signs this document (which is presented with a number of other admission papers), access to the civil justice system has been waived and any claims of nursing home neglect or abuse must be submitted to binding, private Arbitration . This guarantees that the outcome will be limited and hidden from the public.
However, federal law requires nursing homes to "protect and promote" the rights of its residents. 42 CFR 483.10. And Kentucky's Residents Rights Act requires that nursing homes encourage and assist residents "to exercise their rights as a resident and a citizen. Asking new residents to waive their right to a jury trial conflicts with these statutory duties, and takes advantage of someone who is either seriously ill or injuried, may be confused, and certainly under a great deal of stress.
The case of Ping v. Beverly Enterprises, Inc., dealing with the enforceability of an arbitration clause, is pending before the Kentucky Supreme Court. Hopefully, the use of ADR Agreements by nursing homes will be ended, and nursing homes will once again be held fully accountable for any injuries or deaths caused by their negligence.
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Nursing Home ADR Agreement Challenged.
Kentucky Supreme Court to decide if Arbitration Provision is Enforceable.
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