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New policy may decrease lawsuits

LTC Liability Monitor, August 29, 2006

The nursing home industry is making strides toward stopping costly and embarrassing lawsuits: Get residents to agree upon admission not to file them, reported The Roanoke Times (VA). A growing number of nursing homes - by one estimate more than half in Virginia - require incoming residents or their families to sign an arbitration agreement at move-in. The agreement specifies that disputes will be resolved out-of-court. The resident can't sue the home if neglected or abused. Nor can the resident's survivors sue if poor care contributes to the resident's death. Consumer advocates warn the practice is unfair, saying they worry that the desire to save money also reflects a desire to avoid taking full responsibility for abused or neglected residents, according to the Times.

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