Articles Tagged with Bangor nursing home abuse lawyer

The federal agency in charge of overseeing more than $1 trillion in Medicare and Medicaid funds has taken a stand against the commonplace practice of forcing victims of nursing home abuse into resolving disputes via arbitration, rather than in court.

Increasingly, provisions buried in the fine print of nursing home admission contracts have required residents to resolve quality of care disputes within this private system – out of public view. Not only are these proceedings confidential, but also they consistently favor the nursing home. Even when damages are awarded to plaintiffs, they are usually much less than what one would typically receive in a judgement issued by the courts. Arbitrators are chosen by the nursing homes, and there is an incentive for them to resolve cases in a way that minimizes the financial impact to the facility.

This, of course, is inherently unfair, and advocates for years now have been calling for the federal government to step in and curtail such forced arbitration. Now, the Centers for Medicare and Medicaid Services, a division of the U.S. Health and Human Services Department, has taken a major step in restoring a key right of millions of vulnerable, elderly Americans. The agency’s new rule, hailed as the most significant in decades, holds that any nursing home that gets federal funding can’t deny residents and families the right to have their day in court.

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As The Bangor Daily News recently reported, many local social service agencies actively promote awareness of the risk and prevention of elderly falls. 

The National Council on Aging estimates that one in every three Americans over the age of 65 fall every single year, and a substantial number of those suffer serious injury, hospitalization and death. This is not only a problem for those in nursing homes, of course, but when it does occur in nursing homes, it can be a potential sign of neglect or abuse.

Falls in nursing homes are not supposed to happen and they can be a sign of neglect caused by under-staffing, poor training or failure to implement and follow proper patient safety guidelines. Nursing homes can and should be held liable when this happens.  Continue reading

A certified nursing assistant who said she was fired from a Maine nursing home when she spoke up about reduced staffing levels that jeopardized patients’ safety is getting another shot at her lawsuit. 

The Maine Supreme Judicial Court, in its recent ruling of Cormier v. Genesis Healthcare LLC, found a reasonable jury could conclude the adverse employment action was substantially motivated by retaliatory intent. That means the case should not have been decided by summary judgment from a judge, but rather, it should have had the chance to go to trial before a jury.

Now, with the case remanded, plaintiff will have that chance.  Continue reading