Nursing home patients and their families are increasingly giving up their right to sue over negligent care including death, even as claims of poor treatment are on the rise, according to a Wall Street Journal report. More and more, nursing homes are including mandatory binding arbitration agreements in their contracts, a clause that can have profound implications on the quality of healthcare for nursing home residents.

In response to this increasing practice, U.S. Senators Mel Martinez and Herb Kohl introduced federal legislation earlier this month that would protect dispute resolution options for nursing home residents. “When a family makes the difficult decision to help a loved one enter a nursing home, among the primary considerations is quality care,” said Senator Martinez. “Forcing a family to choose between quality care and forgoing their rights within the judicial system is unfair.”

It is unfortunate when nursing homes create systems – such as mandatory arbitration agreements, carrying minimal insurance and setting up corporate shells to avoid liability – that make it difficult for patients to hold these institutions responsible for negligent conduct. No wonder statistics reveal that nursing home lawsuits are on the decline while poor treatment of the elderly is on the rise. Lawsuits can be a powerful deterrent for nursing homes engaging in negligent treatment of the elderly, and Senators Martinez and Kohl are on the right track to ensure a system of accountability that protects the rights of nursing home residents.

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