Partner and attorney Rachel Fuerst was a contributing author for this month’s North Carolina Advocates for Justice (NCAJ) Briefs Magazine. An advocate for the lives of residents in nursing home and long-term care facilities, Rachel discusses how the newly implemented law on nursing home arbitration may hold flaws and foreshadows extremities in litigation.
Her article titled “Is the New Rule Barring Nursing home Pre-Dispute Binding Arbitration Dead in the Water?” examines how the arbitration rule may not be carrying out the precedents once promised. The new law was executed to protect the rights of elderly citizens living in retirement homes, but recent court cases prove the process has not yet stiffened.
To learn about Rachel’s findings featured the NCAJ Trial Briefs Magazine, click here.
The arbitration rule was revised in September 2016 to “improve the quality of life, care and services in LTC (long-term care) facilities, optimize resident safety, (and) reflect current professional standards.” Furthermore, nursing home and long-term care facilities are banned from entering binding arbitration agreements before dispute arises.
To learn more about the arbitration law, click here.
Making the decision to put a loved one in a nursing home or long-term care facility is never easy. It is important that both you and your relative feel that you are choosing a facility that will have their comfort, safety and best interests at heart.
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