The Medical Waiver Issue
[By Staff Writers]
Recently, Kindred Hospital of Wyoming Valley, PA has come under fire from two attorneys who fear patients may be signing away their rights to seek a jury trial if they are injured through malpractice.
Introduction
Kindred Hospital, a long term acute care facility, is asking patients to sign a waiver that would mandate any claim for injuries go through mediation or binding arbitration. These are alternative legal processes utilized in lieu of filing a lawsuit.
According to the hospital, such voluntary waivers benefit the patient by allowing for faster resolution of malpractice claims.
Not so Fast!
But, lawyers who reviewed the document say they are concerned that it is being presented to patients who, because they are under duress due to their illness, might not understand its implications.
Enter the Guidance Counselors
Upon investigation, Kindred said that admissions counselors review documents to ensure patients understand it, and do not attempt to pressure them in any way. Patients also have the right to revoke the document within five days of signing it, according to the Times Leader; in February 2007.
Assessment
Kindred Healthcare operates various types of health care facilities nationwide where the form is used. Is anyone familiar with these folks who can make an informed opinion on this tactic?
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Filed under: Health Law & Policy, Professional Liability, Risk Management | Tagged: Health Law & Policy, Kindred hospital |















More on Kindred,
Yes; I can add to this story.
I was at Kindred in Dover NJ for several weeks and endured all sorts of horrors. You can see all of this just by going to YouTube and looking at the video. Once on YouTube, the videon can be found using search terms ‘Kindred,’ ‘hospital,’ and ‘Dover’.
Tony Serafini
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More on Kindred
Hospital Discharges Rise at Lucrative Times?
http://www.msn.com/en-us/money/insurance/hospital-discharges-rise-at-lucrative-times/ar-BBhHdEv?ocid=iehp
Marty
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