Many families take for granted that their loved ones will receive quality treatment while living in a nursing home or other long-term care facility. At the state level, many safeguards exist to ensure that residents come to no harm and receive proper care. However, a recent New York Times editorial points out how proposed federal rules for resolving disputes between consumers and facilities do not go far enough to hold nursing homes and other facilities accountable.
The proposed rules require consumers to resolve disputes over products or services through private arbitration, rather than lawsuits. Corporations and businesses tend to favor mandatory arbitration, because it tends to turn out in their favor and shield them from legal responsibility for any wrongdoing. When there is a dispute over care, a claim typically involves neglect or abuse that leads to serious injuries, dehydrated, and pain.
As they stand, the rules would allow nursing homes to have pre-dispute arbitration clauses in their contracts so long as the homes disclose and explain the arbitration clauses. The facility also cannot require acceptance of the clause as a condition of the resident’s admission to the facility. However, as a practical matter, families of prospective residents are unlikely to question or even think through arbitration clauses, since they cannot foresee the future in terms of potential disputes over resident care. Furthermore, it is not common for families to seek legal advice before signing a nursing home contract, so they are unlikely to understand the true ramifications of a mandatory arbitration clause.
The Madison nursing home injury attorneys of Boller & Vaughan will meet with you at no cost in order to the facts relevant to your situation. Once we have heard all of these facts, we can evaluate the facts of your case and determine its potential merits. We will assess your case and place a value on it in order to get the maximum amount of compensation to which you are entitled. Take the first step and call our office today to set up your free consultation with one of our Wisconsin long-term care facility lawyers.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.