Minnesota Nursing Home Neglect and Abuse

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Category Archives:
Arbitration

Fighting Against Unfair Nursing Home Arbitration Clauses

By Kosieradzki Smith Law Firm

January 30, 2017

Today’s Star Tribune has a front-page article focusing on the dangers of forced arbitration clauses contained in nursing home and assisted living admission agreements.  The article features a Kosieradzki Smith Law Firm case and Joel Smith (left). Investigative reporter Chris Serres warns: “Over mounting objections from consumer groups and regulators, arbitration agreements … are proliferating in the senior care industry. Hundreds of Minnesota nursing homes and assisted-living centers now request that elderly people sign arbitration clauses on admission. The clauses require them… Read More →

New federal law bans mandatory arbitration laws in nursing home contracts

By Kosieradzki Smith Law Firm

October 1, 2016

The Centers for Medicare and Medicaid Services (CMS) released a new rule this past Wednesday that prohibits nursing homes from forcing binding arbitration on residents.  For years, many nursing homes in Minnesota and throughout the country included clauses in their admission contracts that required patients and families to agree in advance not to sue the nursing home, even if the patient were abused, tortured, raped, neglected, or otherwise injured or killed in the nursing home.  Instead, these nursing home contracts required patients and their… Read More →

Avoid Binding Nursing Home Arbitration Clauses

By Kosieradzki Smith Law Firm

February 27, 2014

Many nursing home admission contracts contain arbitration clauses whereby the resident gives up (usually unwittingly) the right to have legal disputes resolved in court.  In many situations, it is not the resident himself or herself who signs the nursing home’s admissions papers, including any binding arbitration agreement contained therein. Rather, it is frequently a family member or other related person who is assisting their loved one with the admission process. An article published last week in the Spokesman-Review reports that “The use of… Read More →

TOPICS:   Arbitration

Beware! Consumers Feel Tricked into Minimizing Nursing Homes’ Accountability

By Kosieradzki Smith Law Firm

September 18, 2012

Many nursing homes and other care facilities are inserting terms into their admission contracts that protect them from being held accountable in a court of law.  Buried in these multi-page documents are terms that consumers don’t see, gloss over, or fail to appreciate.  The facility’s representative does little, if any, to point out these terms or explain them.  What consumers don’t realize is that they are agreeing to waive their legal right to a jury.  An article posted today on… Read More →

TOPICS:   Arbitration