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August 24, 2010
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Nursing Home Abuse News

 

Nursing Homes Asking Residents to Waive Their Legal Rights to Sue For Abuse or Neglect

The need for protection of the elderly against abuse or neglect in nursing homes or other assisted living facilities has resulted in consumer protection laws in many states. Under these laws, the elderly or their families can hold nursing homes responsible if lack of care or abuse results in death or injury.

The number of claims against nursing homes are also increasing. In fact, claims were up from 13.8 per 1,000 beds in 2002 to 15.3 per 1,000 beds in 2003. According to a Harvard University study, among abuse or neglect claims against nursing homes:

over 50% involved wrongful death
approximately 45% involved bedsores
approximately 30% involved emotional distress
Now, nursing homes are asking applicants to waive their right to sue for abuse or neglect and agree to settle any claims in arbitration. In fact, some states do not require nursing homes to carry liability insurance or require only minimal amounts. Liability insurance covers claims brought against a nursing home. In California, 25% of nursing homes do not carry liability insurance. In Arkansas, 103 out of 205 facilites carry no liability insurance.

Please be careful when you are researching prospective nursing homes for yourself or someone you care about. Make sure you know what papers you are signing and what they mean. Watch for nursing homes asking you to waive your legal rights, homes without liability insurance, or homes that have changed hands or have had negative inspections. Once you waive your right to sue, you have very little - if any - legal recourse should an incident of abuse or neglect result in an injury.

Contact our Alaska Nursing Home Lawyer Now!

 
Did You Know?    
 
 
There are places to report nursing home abuse.
Make your report to the nursing home’s administrator, director of nursing, or social worker. The state or local ombudsman.The local police or state law enforcement. A protection and advocacy or adult protective services agency. The state survey agency that licenses and certifies nursing homes (often in the Health Department). A citizen advocacy group, or other church or community group that visits regularly.

 


  Newsroom  
 


News about Nursing Home Abuse cases in Alaska and nationwide:

Everett Nursing Assistant Suspended For Patient Abuse And Sexual Misconduct
An Everett nursing assistant has been suspended from practice based on allegations of sexual misconduct and patient abuse in two separate workplace...
Read more >


Rhode Island Nursing Home Operators Plead Guilty To Equity Skimming
WASHINGTON - Housing and Urban Development General Counsel Keith E. Gottfried today announced the immediate suspension of two Rhode Island nursing ...
Read more >


Utica Nurse Aide Charged In Elderly Patient's Fall
Jodi Guyett, 30 of 1206 Court St. in Utica, was arraigned today in Utica City Court before Judge John Balzano on four counts: two of Wilful Violati...
Read more >


More Nursing Home News >

 
 

Nursing Home Terms

 


Today's Terms

Elder Law Attorney

Definition:
An attorney who specializes in the laws that deal with the rights and issues of the health, finances, and well-being of the elderly and the power of other individuals and the government to control them.

Hospice

Definition:
Usually a combination of at-home and hospital care of the terminally ill that combines medical and social services. It is designed to help both the patient and the family. Hospice care emphasizes pain control, symptom management, and emotional support rather than the use of life-sustaining equipment

Senility

Definition:
A term used to refer to the mental and physical deterioration of old age.

More Nursing Home Terms >

 

Nursing Home Resources

 


Search Nursing Home resources in our resource center:

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Nursing Home Hot Topics

 
Topics Related to Nursing Homes:

  • Wrongful Death
  • Physical Abuse
  • Malnutrition Abuse
  • Wrong Medicine
  • Financial Abuse

More Nursing Home Topics >

Alaska Nursing Home Attorney

 
If you live in the following cities and need an nursing home attorney you should contact our Nursing Home Attorney as soon as possible:

  • Anchorage
  • Bethel
  • Chugiak
  • Eagle River
  • Fairbanks
  • Juneau
  • Kenai
  • Ketchikan
  • Kodiak
  • North Pole
  • Palmer
  • Sitka
  • Soldotna
  • Wasilla
 


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