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Tort Reform is Harmful to the Elderly and People with Disabilities

H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011
The Consumer Voice, along with several other consumer and patient groups, recently sent a letter to U.S. House Judiciary Committee Chairman Lamar Smith asking him to oppose H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011, a tort reform bill that would limit the legal rights of injured consumers and families of those killed or injured by negligent health care.

Other Resources:

• "Why Medical Malpractice Reform Will Increase the Deficit, Not Reduce It," The Huffington Post, April 27, 2011
• Related Article: "Tort Reform Bill Causes Major Concerns for Consumer Groups, Patient Groups"
• Faces of Neglect: Behind the Closed Doors of Nursing Homes - This 2006 Consumer Voice publication tells the tragic experiences of retired homemakers, teachers, engineers, nurses and other real people who endured severe, unnecessary suffering at the most vulnerable time of their lives.

Fairness in Nursing Home Arbitration Act

The Consumer Voice supports the Fairness in Nursing Home Arbitration Act (S. 512/H.R. 1237), which would invalidate mandatory arbitration clauses in nursing home, assisted living and other long-term care facility contracts. Under the bills, residents and families could voluntarily choose to arbitrate an issue after a problem occurred; but they would no longer be forced in advance (usually during the admissions process) to agree to give up their right to sue the facility if it severely abused, neglected, or financially exploited the resident.

S. 512 is sponsored by Senator Herb Kohl (D-WI). H.R. 1237 is sponsored by Rep. Linda Sanchez (D-CA).

Consumer Voice Past President Alison Hirschel Testifies on Unfair Arbitration - Read Alison's testimony here.

Why Congress Should Pass the Fairness in Nursing Home Arbitration Act

National & State Organizations Support Fairness in Arbitration

For more information about arbitration fairness, see the Fair Arbitration Now website.