Government Law Newsroom

Nursing Homes Asking Residents to Waive Their Legal Rights to Sue For Abuse or Neglect

The need for protection of the elderly against abuse or neglect in nursing homes or other assisted living facilities has resulted in consumer protection laws in many states. Under these laws, the elderly or their families can hold nursing homes responsible if lack of care or abuse results in death or injury.

The number of claims against nursing homes are also increasing. In fact, claims were up from 13.8 per 1,000 beds in 2002 to 15.3 per 1,000 beds in 2003. According to a Harvard University study, among abuse or neglect claims against nursing homes:

over 50% involved wrongful death
approximately 45% involved bedsores
approximately 30% involved emotional distress
Now, nursing homes are asking applicants to waive their right to sue for abuse or neglect and agree to settle any claims in arbitration. In fact, some states do not require nursing homes to carry liability insurance or require only minimal amounts. Liability insurance covers claims brought against a nursing home. In California, 25% of nursing homes do not carry liability insurance. In Arkansas, 103 out of 205 facilites carry no liability insurance.

Please be careful when you are researching prospective nursing homes for yourself or someone you care about. Make sure you know what papers you are signing and what they mean. Watch for nursing homes asking you to waive your legal rights, homes without liability insurance, or homes that have changed hands or have had negative inspections. Once you waive your right to sue, you have very little - if any - legal recourse should an incident of abuse or neglect result in an injury.