Trump wants to safe guard nursing homes from law suits, so they can provide better care without facing the potential backlash of a lawsuit.
Basically, grandma can get the snot beat out of her and there’s no recourse because Trump hates all things Obama related, included the ability of old people to sue their nursing homes for neglect and abuse. To be fair, the Obama ban on arbitration in nursing homes was never technically adopted. It was proposed and the American Health Care Association got a preliminary injunction, which is the fancy legal way of saying “don’t even think about it.”
Pay attention- its not sue for whatever its suing for ABUSE and NEGLECT. Obama was like, arbitration isn’t enough if shit’s going down in an old folks home, the world needs to know and the family needs its day in court. Trump, however, says “fuck that noise. You signed up for arbitration and that is what you’ll get. I don’t care if you signed immediately after surgery or when being abandoned by your family or if you’re near-death, arbitration works for everyone in every situation. It’s a waste of court time and resources for these dead old people to be in court. ” Okay so I sort of interpreted his statements but be real, it sounds like something he’d say.
I know your next thought may be “But, Jennifer- you’re a lawyer! You’re biased!” (and based on most recent studies there’s a chance I’ll be out of a job in about a decade or so – Lawyers and Accountants will become extinct). Yeah if I’m biased I will own it. While I have no one currently in a nursing home so I have no dog in this fight, here’s the bottom line- ABUSE AND NEGLECT are not things that can be swept under the arbitration rug. We’re not talking a contract dispute, a landlord- tenant issue, or something with basic civil penalties (i.e. money). Make no mistake, this is about ABUSE AND NEGLECT OF A HUMAN BEING. A likely sick, fragile, elderly person.
I haven’t heard the nursing homes complain that they could have saved a life by avoiding the potential of a lawsuit, and they never will because it will NEVER HAPPEN. Abuse and neglect is something that occurs over time, not in an instant.
Just keep an eye out, because one day YOU will be the sickly person being forced to sign 50 pages of documents that you won’t read or understand and may allow someone to neglect you with no punishment.