The bipartisan Fairness in Nursing Home Arbitration Act of 2009 “prevents nursing homes from deliberately hiding clauses within the fine print of contracts that force seniors to surrender their right to trial by jury and enter an unfair and one-sided mandatory binding arbitration process,” according to the American Association for Justice.

This is good news for the thousands of nursing home residents and their families, many of whom have already signed these one-sided agreements that leave them defenseless, like the family of Dean Cole.

In January, we told you about Cole, whose family had filed a wrongful death lawsuit against the nursing home where Cole lived for just 22 days. During his short stay at Golden Living Center Greeley, Cole, who suffered from dementia and required assistance, stopped eating or taking medication and dropped an alarming 20 pounds. Even after his wife questioned nursing home staff about his weight loss, they told her Cole was fine. He was later admitted to the hospital and diagnosed with severe dehydration, renal failure, pneumonia and colitis. He died 10 days later.

Unfortunately, Cole’s family was made to sign a one-sided mandatory binding arbitration clause, which denied them the right to trail by jury. The case is still pending.

“The Fairness in Nursing Home Arbitration Act will make sure negligent nursing home corporations can be held accountable by our most vulnerable citizens,” said American Association for Justice President Les Weisbrod. “This bill will prevent nursing home corporations from unfairly preying on seniors and stripping away their legal rights. Arbitration should only be voluntarily, not hidden away in the fine print of contracts during our seniors’ greatest time of need.”

SOURCE: Nursing Home Abuse › Bill protects nursing home residents from signing arbitration clauses

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Last week, Cole’s family filed a federal wrongful-death lawsuit against the nursing home seeking more than $75,000 in damages.

Cole’s wife visited her husband daily and, noticing his weight loss, questioned nursing home staff about his eating habits. She was told he was fine, according to the story. However, a State Health Department investigation noted that staff had reported that Cole refused to eat or take medication and that he ate nothing at 15 out of 24 meals he was served during his first 20 days at the facility when he lost all the weight. A nutritional supplement was recommended by a dietary manager but the supplement was never ordered. A doctor was notified about Cole’s refusing of medications and food but there was never any mention of his dramatic weight loss, according to the report.

On Dec. 29, 2006, Cole was sent to the hospital. He was discharged to a different nursing home for hospice care on Jan. 10. He died on Jan. 21, 2007.

The investigation into the case found the home negligent in the care it provided Cole by “not preventing his dehydration, not maintaining his weight and not notifying his doctors of his dramatic weight loss,” according to the story.

SOURCE: Nursing Home Abuse › Nursing home sued for wrongful death of man with dementia

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