Tremont Sheldon Robinson Mahoney P.C.

Nursing home abuse claims can be stalled by rollback of law

Connecticut residents and those across the U.S. with loved ones in a nursing home need to know that federal requirements could be in flux. A new rule that was meant to protect the elderly in nursing homes might be rolled back, which is concerning as elder abuse is sadly prevalent.

In 2016, the Obama administration passed a rule that stopped these facilities from requiring residents and their families to have private arbitration if there was a dispute. This was designed to avoid the courts.

But, nursing homes challenged the law, and it was never officially enacted. And, a new rule would rescind the ban on arbitration. Nonetheless, the new rule was for new contracts and was not retroactive. It also allowed for residents and the facilities to privately agree to arbitration, if they so choose.

While this might not seem like a major issue, it does have an influence on those who might believe there was elder abuse. A legal filing can be pursued, if a loved one in a facility was abused, mistreated, did not receive the proper medication and became ill or died as a result, and more.

Often, families are unaware that these abuses were taking place. The absence of the accountability that comes with the ability to take the facilities to court can be problematic.

Those who believe that there was wrongdoing at a nursing home need to know their rights. The contracts with these facilities are often long with fine print. It can be hard to have a clear understanding of what can and cannot be done. Speaking to a legal professional experienced in nursing home abuse cases can help seek compensation.

Source:, "The Trump Administration Wants to Kill a Rule Protecting Elderly From Nursing Home Abuses," Megan Leonhardt, June 6, 2017

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