Nursing Home Abuse Victims Can Now Have Their Day in Court

Langdon & Emison partner Adam Graves published a blog post about federal regulations recently passed that will allow victims of nursing home abuse to seek justice in court, rather than in private arbitration.

According to Graves, the rule, passed recently by the Centers for Medicare and Medicaid Services (CMS), prohibits any nursing home that receives federal funding from requiring its residents to resolve any disputes in arbitration rather than in court. For families and victims of nursing home abuse, this means restored access to the civil justice system.

Countless stories, such as the one Graves shares about a former client, tell the same tale of nursing home abuse and neglect, resulting in serious injuries to residents, even death.

“Some states allow nursing homes to bury binding arbitration agreements in stacks of admission papers, while glossing over, or failing to explain, what they really mean to residents and their families,” said Graves.

When families sign on the dotted line, they unknowingly sign away their rights to take a nursing home to court, which means in the event of abuse or neglect, their claims will be heard by private arbitrations that charge for their services. This means of resolution also allows nursing homes to keep the abuse out of public view.

To read more of Graves’ blog post, click here.

About Adam Graves

Adam Graves is a partner at Langdon & Emison. An experienced trial attorney, Adam represents clients in personal injury litigation throughout the United States. His practice focuses on complex personal injury and product liability claims involving defective auto and consumer products as well as nursing home abuse litigation.

About Langdon & Emison

Langdon & Emison is recognized as one of the nation’s leading law firm, having taken on some of the world’s largest corporations in personal injury litigation. With office in Lexington and Kansas City (Mo.), St. Louis and Chicago, the firm represents injured people and their families in courtrooms from coast to coast. During 30 years of practice, the firm has earned a national reputation as a leader in auto defect cases, trucking cases and a full array of personal injury litigation.