The family of a woman who claimed to be victimized by intentional nursing home abuse has released a video showcasing the abuse.  The senior was paralyzed and lived at the nursing home until her death a year ago.  The victim’s family was shocked when they learned about the abuse that she endured the last couple of months.  As a result, one person was charged; however, the family has a video that shows more than one employee mistreated their senior family member.

The family complained to the nursing home officials, but nothing happened.  The family called state officials to get an attempt of accountability on the part of the nursing home; however, that did not result in anything timely.  The video the family has shows at least one nursing home aide physically and emotionally abusing the 87-year old resident.  At one point in the video, a worker says, “Lady, why don’t you die.”  Furthermore, the video shows an employee hitting the senior for no reason and removing her oxygen mask.

As a result, the family has filed a nursing home neglect lawsuit against the nursing home for the abusive care their loved one received.  The video footage will obviousely play a large part in the prosecution’s case.

The Supreme Court overturned a decision by the West Virginia Supreme Court to allow lawsuits against nursing homes despite binding arbitration clauses.  Three malpractice suits for wrongful death had been filed against WV nursing homes, despite the fact they or their loved ones signed a binding arbitration agreement.  The Supreme Court found that in these cases the consumer does not have the right to go to court, thus limiting the rights of injured consumers.

This ruling affirms the 1925 Federal Arbitration Act, which gives businesses almost unlimited rights to include arbitration clauses in their contracts.  Discovery of these clauses are often limited and most do not think of going to court when signing papers to stay at the nursing home.  Often times, residents are in pain and distress, coming straight from a hospital, when they sign a nursing contract.  This is clearly an infringement on everyone’s constitutional rights in the 7^th Amendment and many do not even know it.