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Sep 04, 2008 -- Protect your parents from nursing home abuses

Clark recently discussed how he was furious over kangaroo court arbitrations in the corporate world. Many banks force customers into these joke arbitrations that are worthy of a banana republic. Of course, the financial institutions routinely select arbitrators that rule in their favor.

Days after his initial comments, The Wall Street Journal did a story about nursing homes that harm or kill people through negligence. Surviving family members have no recourse because they signed mandatory arbitration clauses when they were admitting their loved ones. It's getting to the point that nursing homes have no incentive to not kill people; there's nothing families can do after the fact.

The Wall Street Journal is not exactly a bleeding heart liberal publication, but they're very angry over this. So what can you do to protect yourself before you put a loved one in a nursing home? They suggest you carefully vet the admission contract and see if you can opt out of the mandatory arbitration clause. If you can't avoid it, try writing the following next to the clause: "I'm signing this because I was told that I have to." That creates the possibility that you can potentially get out of mandatory arbitration in the event your loved one is harmed or killed while in their care. The thing with the banks was bad enough, but it's a whole different story if they kill your mama.

Last year, Clark told you that nursing homes were using multiple holding companies behind the scenes to limit their liability. There are a lot of things going on in this industry that are unacceptable in a decent society, according to Clark. Interestingly, the demand for beds in nursing homes has been far lower than what demographers anticipated. That's because more families are choosing in-home care options for their elders. You need to feel confident about who's caring for your senior loved ones.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • ABUSE
    My dad was in a brand new facility, when the aides gave him a shower they dropped him and both hips were fractured. After a fight they took him to the ER. The DRS only xrayed one hip, they didn't discover the other fx for about 5 days. By that time it was too late and he died of a pulmonary embolism. These stories are NOT just a few unlucky souls - the attitude is what feeds the bottom line is acceptable. Well it's not, and the sooner we let our Congressmen and Women know that we demand better for our loved ones, the sooner we can turn this injustice around.
  • Choices for elderly dependents
    As an RN, I couldn't agree with you more. My mother is 91 years old and lives with my husband and me. I have been caring for the elderly for several years in home health, so I decided to start my own adult day care. It's for profit and I only accept clients with long term care ins. or those paying cash. In return, I try to give each client personalized care and a renewed source of self worth. I have had several RN's ask me to franchise my model and help them get started. Finally, I can treat the elderly like they deserve to be treated, not like those in corporate facilities.
  • Neglegent nursing homes
    My 72 year old mother was in a nursing home in Massachuetts.She slipped and fell.The attendents picked her up and placed her in bed were she laid for 24 hours unattended,her vital organs started shuting down.By the time they got her to the hospital it was to late.
  • insurance monitoring
    i




    we dont need anyone else looking over
    our shoulder



    we dont need any more people interfearing
  • Nursing home
    I have several good friends who do this absolute thankless job of taking care of elderly in the nursing home. They are in thier 20's and have bad backs, knees etc because a resident shifted while they were moving them in order for the resident to not get hurt they twisted a way they should not have. They get cursed at, thrown up on and spit at. Then they get the lovely priviledge to talk to family members. Some of whom come once a year to see granny. Then comes more insult they open thier paycheck. Yet they care about thier residents and know them all and cry when they pass on. It is not a job I could do. So before you make a comment like you did Clark you should walk a mile in the nursing staffs shoes. Maybe you were blasting the money grubbing administration? With that I agree. There needs to be more patient rights everywhere. Lets fight for that and not berate the nurses and staff.
  • Nursing home care vs. in-home care
    In-home care for the elderly is much preferred by most people. The problem is that the Nursing Home lobby group is very strong. Our medicare/medicaid coverage should cover either. Medicaid is the only thing that covers long term nursing home care. Neither Medicare nor Medicaid covers in-home care for the eldrly.
  • nursing home arbitration
    I am going thru just this situation with The Terraces here in Phoenix. They know I am fairly powerless because when I signed my mother in, I also signed that clause. I cannot threaten to do much of anything because I signed that. It stinks. I would never have thought at the time that I would need to use the rights that I signed away. You are under extreme duress when you are signing and your only thought is that finally you will be getting some help for your loved one.
  • Nursing Home's
    I hate to say this but I rather be dead than be in a nursing home. I've seen death in war, on the streets, and when someone becomes an invalid, not something that's some would someone want to see. Death has no fear for me, I have seen too much of it, I've been wounded in war, damn nere got killed in a few shootdown crashes, and before someone has to wipe my butt like a baby again---I'd just as soon as be dead, for the next world might be more of an adventure than the pain and suffering.
  • Insulting comments about nursing homes
    On my way home from my 9 PM meeting with my 3-11 nursing staff, I by chance and misfortune was subjected to your radio show. Your comment " nursing homes have no incentive to not kill people" is insulting to me, my staff and tens of thousands of long term care workers in this nation. My staff routinely do the thankless task of providing direct care and compasion to the elderly that our society disgards. You deamonize, humiliate and insult honest and hard working people that in many cases are the only family residents in nursing homes have. Yet with disregard and callousness you crush the spirit of people that do a thankless task. Are there workers in this industry that cause harm, yes. As there is in every profession. This is not to minimize the problem but your comments come from what is obivously an uninformed opinion. Have you ever spend a day, an 8 hour shift, one hour in a nursing home. Have you ever tried to toilet, bath or dress a resident who is so confused that they strike you, kick you or spit at you. This is what these thankless nurse, nursing assistants or dozens of other workers do everyday. I would like to invite you to visit our facility or any facility to understand what happens at a nursing home.

    Edwin Rojas, NHA
    Nursing Home Administrator
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