Govt. failures to protect nursing home patients multiplies harm of arbitration clauses

[John Gear]

From: Paul Bland <PBL...@publicjustice.net>

Date: September 11, 2013 6:32:49 PM PDT

To: Business Torts Section <comme...@list.justice.org>

Subject: [commercial] Important new blog posting by Leslie Bailey of Public Justice about govt failures to protect nursing home patients, exacerbating harm of arbitration clauses that slash the homes' liability for abusive conduct

Reply-To: Business Torts Section <comme...@list.justice.org>

My terrific colleague Leslie Bailey has published several strong articles over the years collecting cases where courts have not enforced arbitration clauses in nursing home contracts, but in light of the fact that many other courts HAVE enforced even very abusive clauses for homes, the public policy effect of arbitration clauses in this setting is huge.  This morning an NPR station in the Bay Area ran a powerful story about how the state is failing to prevent or address major failings in nursing homes.  In this new blog posting, Leslie connects the dots about the harm caused by the combination of governmental failures and arbitration clauses.  Here is her piece:

 

http://publicjustice.net/blog/vulnerable-nursing-home-patients-need-ability-sue-in-court-as-government-agencies-fail-protect-them

 

Paul Bland

Senior Attorney, Public Justice

Of Counsel, Chavez & Gertler

On Twitter!  @PblandBland

John Gear Law Office, LLC

A values-based Oregon law practice 
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