Legal Issues Resolved through Nursing Home Mediation

Legal Issues Resolved through Nursing Home Mediation

Since federal law prohibits nursing homes from requiring families to agree to pre-dispute arbitration, nursing homes have looked to other alternatives to resolve disputes. One effective alternative is mediation, a private process in which a neutral third party helps those involved in a dispute reach an amicable decision through open communication and collaboration.

Mediation has been used for years in the nursing home setting to resolve disputes, such as:

  • Liability cases – Mediation is often used in cases involving liability, negligence and medical malpractice. Mediation can evaluate what the standard of care was and if it was breached. It is also used in intentional tort cases when a nursing home employee assaults or otherwise harms a nursing home resident.
  • Breach of contract – Nursing homes enter into contracts with residents, their families, vendors and employees. Mediation often helps the parties better evaluate their position and reach an amicable decision.
  • Third party responsibility claims – In some situations, a third party may be to blame for a resident’s injury and the nursing home may be liable for this party’s actions. Mediation may be able to help the parties devise ways to better protect the resident.
  • Consumer protection claims – In some states, nursing home legal issues may involve consumer protection statutes. These statutes may provide an additional basis for recovery and may include the payment for attorney’s fees.
  • Employment disputes – Issues between employees and with employees may be resolved through mediation, which encourages better communication.

Because nursing home cases often involve heightened emotions and private issues, mediation is the ideal forum to resolve these disputes. A mediator with experience in these types of cases can ensure that all parties feel heard and respected so that they will be more likely to reach an amicable decision.

June 28, 2019

Divorces spike in the summer. Here’s how to prepare for the end, experts say – Divorce filings consistently tick up in August and March, according to a study presented in 2016 at the American Sociological Association. The research, done by University of Washington sociologists, analyzed filings in Washington state between 2001 and 2015 and found the biannual pattern.

Is a personal loan the best way for you to tackle debt? – A 2018 report found that Americans collectively carry $13.29 trillion in debt, which is $618 billion higher than 2008’s peak of $12.68 trillion.

Mortgage Rate Dips Again, Pointing to a Rise in Refinancing Risk – Thirty-year mortgage rates have fallen this week to their lowest levels since late 2016, handing cheaper borrowing costs to homeowners and greater risks to the money managers that invest in home loans.

May 10, 2019

The unique impacts of divorce on business owners – It’s no secret that divorce disrupts not just family and personal life, but also financial stability. In the case of small business owners, these effects are often felt even more acutely.

Trade tensions push mortgage rates lower for second week in a row – Concerns about the U.S.-China trade feud pushed mortgage rates lower this week.

What’s The Difference Between A Short Sale And A Foreclosure? – At first glance, a foreclosure and a short sale can seem similar. After all, they both occur when you’re having trouble covering the costs of owning your home. However, if you’re facing one of these two scenarios, you need to know that some important differences exist between them. I’ve laid them out below. Keep reading to learn how they both work and what those differences could mean for you.