Civil suits help uncover abuses by nursing home and insurance companies, according to a new report by the American Association for Justice.

“Where regulatory and legislative bodies have been unable to cope with this distressing rise of neglect and abuse of our elderly, the civil justice system has stepped into the breach,” said AAJ President Gibson Vance, a partner in the Montgomery, Ala., office of Beasley Allen, in a statement accompanying the release of the report, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.”

According to the report, over 1.5 million elderly Americans are in nursing facilities, the vast majority of which are owned by private corporate chains, making it difficult for consumers to hold them accountable for abuse.

The report also asserts that insurance companies are more likely to take advantage of older patients with practices like miscalculating mortality rates, denying claims and cutting off benefits for needed treatments.

The report outlines how, through litigation, trial attorneys across the country have uncovered evidence of corporate programs aimed at terminating seniors’ benefits as well as evidence of nursing home abuse and neglect.

The report warns that efforts to combat nursing home abuses through civil suits are hampered by the use of mandatory arbitration clauses in nursing home and insurance contracts.

Read the entire report here.


The nursing home abuse attorneys and elderly neglect lawyers at Hoey Law protect the rights and dignity of Senior citizens throughout Massachusetts and New Hampshire. We serve all of Massachusetts including the communities of Greater Boston, Boston, Worcester, Springfield, Cambridge, Lowell, Brockton, Quincy, New Bedford, Fall River, Lynn, and Cape Cod.

Our attorneys serve all regions of New Hampshire including the communities of Manchester, Nashua, Concord, Derry, Dover, Portsmouth, Rochester, Keene, Laconia, the lakes region, and the White Mountain region.