Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP

US Senators Mel Martinez (R-FL) and Senator Herb Kohl (D-WI) last week introduced a bill that would prevent nursing homes from forcing patients to sign arbitration agreements upon entering the home. These agreements take away a patient's right to sue in the event that he or she suffers as a result of nursing home abuse or neglect.

The senators feel that the agreements represent an abuse of the Federal Arbitration Act of 1925, in which the government provides an alternate means of conflict resolution. By forcing patients to sign the agreement prior to entry into the nursing home, the facilities are effectively taking away the right of "one of our nation's most vulnerable populations" to access the civil justice system for redress of wrongs. The bill states that nursing home tenants may still voluntarily enter into arbitration agreements after the dispute arises, taking away the corporate nursing home's greater leverage for coercing patients prior to entry.

If you or a loved one has suffered as a result of nursing home abuse or neglect, contact the experienced attorneys at Pomerantz, Perlberger, and Lewis, LLP today for a free evaluation of your case.