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I suppose for most older retirees the change would affect the ability of children to sue a nursing home on behalf of their parents.
But I also worry that it will lower the bar on care and even abuse for everyone.
I don't know about the specific of 3rd party arbritation here but I have heard that it has been a disaster in other situations where these 3rd party arbritation offices? can be extremely poorly run with little oversight and downright corrupt.
I suppose for most older retirees the change would affect the ability of children to sue a nursing home on behalf of their parents.
But I also worry that it will lower the bar on care and even abuse for everyone.
I don't know about the specific of 3rd party arbritation here but I have heard that it has been a disaster in other situations where these 3rd party arbritation offices? can be extremely poorly run with little oversight and downright corrupt.
I don't know how successful lawsuits are. My great aunt died in a long term care facility because when she complained of not having an appetite they gave her milk shakes 3x a day for a week, they only stopped when she went into diabetic coma and died. I guess the nursing staff who was giving her the milkshakes never noticed that she had diabetes.
Her son tried to sue and couldn't find an attorney who would take the case - the reason was because she was so old, the attorneys said it's just about impossible to get a settlement when someone over 90 dies unless there was physical abuse.
The cost of care at these facilities have become very high. I'm curious how much is related it legal fees/payouts/insurance coverage by these health care organizations. Maybe only a small fraction? In another forum I post on a son is posting about the high priced cars he's driving due to a settlement for a parent in a nursing home. Like medical malpractice, these suits can get out of hand.
The cost of care at these facilities have become very high. I'm curious how much is related it legal fees/payouts/insurance coverage by these health care organizations. Maybe only a small fraction? In another forum I post on a son is posting about the high priced cars he's driving due to a settlement for a parent in a nursing home. Like medical malpractice, these suits can get out of hand.
What he does with the money from a settlement has nothing to do with whether the lawsuit was worthwhile. Can he only sue if he is penniless? Or is the suit about wrongdoing? Oh, he should donate it all to charity?
Unfortunately the potential abuse in nursing homes or by home health workers is high.
Like the 90 year who dies - who cares? There is however a pretty big spread of both ages and level of "sickness" in nursing homes. The one my mother was in for a few week had several younger people (30s?) with physical disabilities, people there for care till some thing healed like a bad break, all sorts. A visitor of my mothers roommate told me that the woman had been there for many years, that when she first was put in the nursing home it wasn't because she was too old or demented but because the husbands new wife didn't want to deal with her, and she seemed very sweet.
I don't think it should matter if someone is 90 if they are getting abused or neglected.
I think when you take someone's right away to sue you are really letting the fox in the hen house.
I don't know if the ability to sue nursing homes makes a difference in how they operate. A few years ago, a relative sued a nursing home on behalf of a parent who was staying there. The attorney said the nursing home would not admit to any wrong doing and would only settle out of court. Nothing about the lawsuit was in the newspaper and the nursing home was not held accountable. They did settle out of court and there is no record of the amount the relative received in any court documents.
Mistreatment, neglect, abuse, etc is best reported to the state's Department of Health and the CMS, i.e., Medicare complaint avenues. Nursing home are certified by these entities in order to receive Medicare and Medicaid reimbursement. Complaints by consumers must be investigated and places do get shut down if they are not in compliance with care standards.
Normally, you can still sue, even if you signed a waiver. Many businesses just hope you don't know that.
The reason is because you can't sign away your rights, without getting something in return. So, if the law says you can sue, and you sign something where you agree not to - you have to get something of value in return.
In other words, in a contract for anything, each side has to get something in return for agreeing to the contract. This is basic contract law, but unless you've studied contract law, you wouldn't know that.
If it's not an "agreement", where each side gets something of value that they have willingly agreed to, then it has to be a law of some sort that says one side has to do something or not do something, even if they didn't get anything in return.
So, if there isn't a law that says people can't sue retirement homes, then even if you sign something that says you agree not to sue - then you have to get something of equal value in return. What are the odds of that?
The only value in the law under Obama, whom I adore by the way, is just that it makes suing them easier. And if something is against a law, then it's also a crime, which has its own consequences.
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