As the baby boomer generation nears retirement, millions and millions of individuals are gearing up to enter the senior care system. And with that, there’s a high likelihood that more and more precedent setting cases in the industry will become prevalent.
Take the story of Elizabeth Barrow, for example. In September of 2009, Barrow was found dead in her room at a nursing home. She was strangled by her roommate who was ultimately deemed unfit to stand in trial. Even so, years after the tragic incident transpired, Ms. Barrows son is working hard to hold the nursing home accountable, doing so by listing prior behavioral issues that the roommate had exhibited that could have been addressed sooner. However, before her death, Barrow signed an arbitration contract, that made it so every dispute that happened would go to private arbitration. This means that it would be resolved outside of the courtroom and outside of the public eye.
Nursing Home Scandals and Cases on the Rise
In the nursing home industry, arbitration clauses are extremely common. This is because the process does not require a lengthy trial, is free of a judge and jury, and takes place behind closed doors, outside of the public eye. While this kind of clause is typically legally binding, Barrow had a case because he had signed the papers for his mother, and has lawyers that claim that he didn’t have the authority to make such a legal decision on her behalf.
?I can?t do anything for my mother,? Barrow’s son said in an interview. ?but I want people to realize that they have to investigate nursing homes. Everyone could end up there.?
A Lawyer’s Role in the Nursing Home Industry
Nursing homes are shown to lack in resources and staffing. Despite this, 85% of all registered nurses are employed in nursing. That being said, it’s no surprise that nurses often need nurse license defense attorneys in order to protect their nursing licenses. Lawyers for nurses provide support and protection that eldercare homes are sometimes not able to provide. Many nurses find themselves in a hard place during such difficult cases, and are often in need of lawyers for nurses.
If you’re dealing with a similar situation and are looking to protect your nursing license, contact an attorney for nurses today.