By Jessica Fargen
March 8, 2010
Many seniors entering nursing homes in Massachusetts are unwittingly signing away their rights to sue the facilities in the event of neglect or bad medical care, and officials in Washington are seeking to ban what they see as a “hidden” practice.
The seniors are being urged to sign contracts that put disputes in the hands of arbitrators. Advocates say vulnerable elderly patients fail to realize they are giving up their rights to bring cases of slipshod treatment before a judge and jury.
“It gives the nursing home carte blanche to abuse these elderly people because they won’t have to answer to it” in court, said Marlene Owens of South Easton, who successfully challenged an arbitration agreement signed by her “delusional” elderly stepfather in 2003.
She is now suing his former nursing home over bad care.
The Boston Sunday Herald reported yesterday that nearly 40 percent of the state’s nursing homes performed significantly below average, according to annual inspections, and that numerous residents suffer abuse and neglect or receive shoddy care. The Bay State nursing home population is about 45,000.
With nursing homes here and nationwide pressing residents to sign the arbitration agreements - often tucked away in thick and complex admission packages - lawmakers including U.S. Rep. Barney Frank (D-Newton) are weighing federal action.
“Most people don’t see it,” Boston attorney Rebecca Benson said of the arbitration agreements.
Bradley M. Henry, a Boston attorney, called the agreements a “nightmarish” form of trickery. “It is virtually stealing the right of trial by jury out of the hands of our most at-risk citizens,” he said.
Abridged
SOURCE: The Boston Herald
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