South Carolina Nursing Home Lawyer & Attorney : Poliakoff & Associates Law Firm : Elderly Care, Senior Care

A nursing home abuse bill, the Elder Justice Act, has been under consideration in Congress but has yet to be passed. Although nursing home and elder abuse are serious and growing problems, the nursing home abuse bill has never even been voted on. While no one in Congress opposes the nursing home abuse legislation, few are trying to push it through the legislative process.

But the issue of nursing home abuse should be getting more attention, just based on the shear numbers of elderly affected by this crime. Though it concedes that the true number is probably much higher, The National Center on Elder Abuse estimates at least one in 20 nursing home patients has been the victim of abuse.

According to the National Center’s study, 57% of nurses’ aides working in long-term care facilities admitted to having witnessed, and even participating in, acts of abuse. The report sites systemic problems within the nursing home industry, like inadequate pay for workers and chronic understaffing, as contributing to the epidemic of abuse. There are nearly 1.4 million Americans living in nursing homes right now, and that number is expected to more than double in the next decade. As it does, advocates for the elderly and disabled fear that incidences of abuse will continue to climb as well. 

The Elder Justice Act would set up separate elderly justice offices in the U.S. Departments of Justice and Health and Human Services, provide $400 million for state adult protective services over four years and create a federal coordinating committee among agencies to monitor and direct the government’s efforts. The bill would also establish forensic centers around the country to probe elderly abuse cases and give local prosecutors more support in bringing cases. And it would penalize nursing homes if they did not report crimes swiftly. 

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Buried within most admission contracts for nursing homes are unconscionable and hidden clauses requiring mandatory binding arbitration in case of a dispute. These clauses stack the deck against consumers and victims of nursing home abuse and neglect.  These hidden clauses force residents to sign away their rights before a dispute even arises, and denying them access to the courts, often the only place regular Americans can face powerful interests on a level playing field. 

The Arbitration Fairness Act of 2007 would secure citizens’ seventh amendment right to a trial by jury and allow consumers to get a fair opportunity.

In arbitration, consumers are forced into a private legal system that is stacked against regular Americans, where they must pay steep filing fees—often more than $750 just to file a case. These fees do not include the arbitrators’ hourly charges, which range from $200 to $500 per hour, often bringing the total cost of arbitration to tens of thousands of dollars for consumers.

While in arbitration, consumers’ fates are in the hands of a supposedly impartial arbitrator. However, the arbitrators are often biased in favor of businesses, since they will be repeat users of a particular arbitrator. Once an arbitrator reaches a decision, it is almost impossible to appeal and the arbitrators do not have to justify any of their findings.

The Arbitration Fairness Act of 2007 would eliminate these unfair contracts and preserve the right to a trial by jury—a pillar of our civil justice system.

We urge you to take action by telling your Senators and Representative to oppose binding mandatory arbitration clauses in consumers’ contracts by supporting the Arbitration Fairness Act of 2007.

Please go this website and fill out this form to fight mandatory arbitration

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