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Nursing Home Abuse or Neglect
Putting a loved one in a nursing home is one of the most difficult decisions that a family ever makes. We want to select the right nursing home. We want a nursing home that we can trust to give the care and dignity that our loved ones need and deserve.
Who is an elder? "An elder is a person who is still
growing, still a learner, still with potential, and who's life continues to have within it, promise for the connection to the future. An elder is still in pursuit of happiness, joy and pleasure and her or his birth right to these
remains in tact. Moreover, an elder is a person who deserves respect and honor and who's work is to synthesize wisdom from long life experience and formulate this into a legacy for future generations." (Barry Barkan, Live Oak Institute)
Nursing homes are paid to provide that care and dignity to the resident. There are numerous state and federal laws and regulations which a nursing home must follow to ensure the safety and care of the individuals entrusted to them. Unfortunately, at times nursing homes put profit ahead of people. They operate short on staff because it will help their "bottom line." They hire unqualified, poorly trained or unmotivated staff to attend to the residents. The result is substandard care and in a number of incidences outright abuse. We are advocates for the nursing home residents. We have handled numerous cases throughout the state of South Dakota uncovering nursing home neglect and abuse is a primary mission of our firm. The nursing homes cases are handled by
Greg Eiesland and Aaron Eiesland
who work with national experts in the field of nursing home care. We use all of the resources available to be an advocate for the resident and to work with the family.
There is no excuse for nursing home neglect or abuse. If you suspect that there has been nursing home abuse or neglect please call Greg Eiesland or Aaron Eiesland at 1-800-998-3998. There is no charge for the the initial consultation.
WE CAN HELP
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BEWARE OF MANDATORY ARBITRATION
AGREEMENTS FOR NURSING HOME RESIDENTS
It has come to our attention through the representation of several
nursing home residents that Beverly Enterprises and perhaps other nursing home groups are often demanding that the resident and/or their representative sign a mandatory arbitration agreement before being admitted to the nursing home.
By signing these agreements, of course, the resident or resident's representative is relinquishing all rights to have any grievances regarding the nursing home's care heard in a court of law. These agreements are most often presented
to the resident or the residents representative at a stressful time with numerous other documents that need to be signed to accomplish the admission, and often they are not explained in any manner.
The Commission on Health Care Dispute Resolution, which consists of members of the American Arbitration Association, the American Bar Association, and the American Medical Association, issued a report in which one of their recommendations reads as follows:
"In disputes involving patients, binding forms of dispute resolution should be used only where the
parties agree to do so after a dispute arises." (Emphasis supplied.)
The American Health Lawyers Association has stated that for cases filed with their Alternative Dispute Resolution Service after January 1, 2004, the Service will only administer consumer health care liability claims if an agreement to arbitrate was entered into by the parties in writing
after the alleged injury occurred.
Responsible health care providers should not require patients to sign mandatory arbitration agreements waiving their right to have their disputes heard in court before any dispute arises.
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