Chicago, IL (Law Firm Newswire) September 29, 2016 – Under a new federal rule, nursing homes that receive federal funding will no longer be able to force residents to arbitrate their disputes outside the court system and away from public scrutiny.
The Centers for Medicare and Medicaid Services, part of the Health and Human Services Department, issued the final rule on Sept. 28, 2016. It will take effect Nov. 28, 2016, providing new legal protections to 1.5 million nursing home residents.
“Many nursing homes have forced injured residents and, in some cases, family members who had lost a loved one, into private arbitration, depriving them of their fundamental right to a trial by jury,” said Paul Greenberg, an attorney with the Chicago personal injury firm of Briskman Briskman & Greenberg, which represents victims of nursing home abuse and neglect. “This new federal rule restores the American right to have your day in court.”
Prior to the new rule being enacted, families with loved ones who died or were injured in nursing homes had been forced to resolve their disputes in private arbitration proceedings, with cases of elder abuse, medical malpractice and wrongful death settled for amounts that were likely much less than the families would have obtained in a lawsuit.
“With this regulation, families have gained important protections for the health and safety of their loved ones in nursing homes,” said Greenberg.
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