Can the Consumer Ever Win? Arbitration Clauses in Nursing Homes

Somewhere in your cell phone or credit card contract, buried in the fine print is a mandatory arbitration clause which waives your right to a jury trial and instead binds you to arbitration if there is ever a dispute.  You may not have known that you have waived your right to hold a corporation accountable…

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When a Residential Care Facility is Inadequate

Your mom and dad are getting older, and can no longer live on their own.  They can still walk, talk, and are mentally and emotionally stable, but they need assistance with daily activities that most people take for granted – eating, dressing, bathing, brushing their teeth, or need help with housekeeping.  Where do they go?…

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Understaffed Nursing Home Facilities

Elders residing in nursing care and residential care facilities often do not receive the care you would expect.  Many residents are abused or neglected.  They contract illnesses, suffer from untreated wounds that become infections, and in severe cases, they may die. One of the main causes of nursing home abuse and neglect is a direct…

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Some Nursing Home Complaint Investigations Were Closed Inappropriately

A just released audit of the Los Angeles County Public Health Department concludes that the County inappropriately closed nursing home investigations and failed to follow State guidelines on prioritizing complaints.  The audit also found that even after nursing home inspectors found serious problems, their supervisors downgraded the severity of findings without any explanation or without…

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Fines for Nursing Homes

Inadequate Care leading to Two Elderly Residents Dying In a Los Angeles Time article on June 11, 2009, it was reported that State officials recently fined two nursing homes in Orange County for providing inadequate care that led to the deaths of two residents. In late November 2008, an 82 year old woman was admitted…

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New Cause of Action Against Nursing Homes

Civil Rights Violations in Nursing Homes are Now Recognized Under 42 U.S.C. § 1983 According to a recent article posted on Law.com, the estate of Melvinteen Daniels brought a suit against the nursing home, The Kane Center in Allegheny County, Pa., for Mrs. Daniels fatal case of sepsis caused by neglect, malnourishment and bed sores. …

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Medicare Takes Action against Never-Events

Medicare Attempts to Reduce Health Care Costs and Promote Patient Safety Certain types of medical errors should never happen.  According to the California Association of Health Plans, preventable medical errors are a leading cause of death in the United States, resulting in over $4.5 billion in additional health spending annually.  Beginning in October 2008, in…

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