Monday, December 3, 2018

President Says We Can't Sue Nursing Homes.




Before we become too indignant and start bashing the President.
Let's take a closer look at this whole situation, because after all he is a very clever business man.
What I have discovered with Elder care is that the facilities have been getting sued for a few decades now and with no better results. Lawsuits against facilities merely line some lawyers pockets and give the families a little hush money but nothing changes. 
Therefore suing facilities is a waste. Nothing will ever change that way. He is right!
What he has not said is that suing individuals and filing complaints against licensed  professionals is the best way to go.
For instance did you know that a medical Doctor can lose his license in one state and simply go to a neighboring state and become licensed there? One has no effect on the other. Nice right?
Sooo, we could have Doctor Kill-em-all taking care of grandma in the local nursing home and not know why she is lethargic and dying. Now you should begin to see why suing facilities is in fact fruitless. We need to know who is taking care of grandma! We need to know how many felony killers are in that building. We need to stop them! Will we get a bunch of money? Probably not! But, will we get them stopped? most likely and if we are diligent we will get the joint closed down! Now folks if you want to hurt someone badly, stop their cash flow that usually does the trick. At my speaking engagements I tell you exactly how that is done!
You have to remember for every vocational license there is a disciplinary board. That means, Doctors, nurses, CNA's ( they are certified) Administrators, Directors, Attorneys, and so on.
IN addition we now have these clever facilities  who hire management companies to run their facilities thus, leaving the owners clear out of the sue equation. Cute huh? There are ways to boil these management companies in oil. Because they also have individuals. They create a large web of deceit and confusion , which the average family member cannot possibly understand. But, it is not difficult at all. remember individuals are much more vulnerable than big corporations. Plus, there are investigative reporters, county agencies, state agencies and good old CMS to file complaints. Once again at our speaking engagements we tell you how. Never ever think you are beat because they are a big company. They just become more vulnerable with the domino effect. Never accept their statements as culpable and never give up.

Auto Fraud Part III

Let's take auto Fraud a little bit further and let's look at the intent involved.
I am NOT a lawyer nor a Legal assistant or court clerk or in anyway affiliated with the legal practice. Not at all!
Instead I am a retired Investigator, I am an educated Elder Advocate and a Senior citizen myself.

I check new laws, I check court cases, I do look at how everything has changed in the last couple of decades or so. I try to keep informed of both the good and the bad.I talk to lawyers, Judges, Legislature and other politicians on a regular basis.I do talk to law enforcement as well.

Lawsuits have not done very much to change how auto dealers do business. The insurance pay off, the salesmen up their game a little and insurance premiums go up a little. it all averages out and it is fraud as usual.

except now they have a new game rule. Now they have a clause in every contract to purchase or lease that states you will agree to arbitration. To be more specific, you agree not to sue them when you discover they defrauded you and instead agree to arbitration which you will most likely pay for and it will be their arbitrator.
I have this to say. When you come across this paragraph a red flag should go up and run like hell! Because it is saying .." when you find out we screwed over you, and we will. You cannot do anything about it except the feeble effort of arbitration which will cost you even more money. Wow! That is having the box of salt ready to pour in the wounds ahead of time.What do you do?
You have a couple of choices..... You can simply put a big X across that paragraph and write in the margin "declined by and your initials"

The second option is this: If you signed you cannot sue the business. But... you can sue individuals.... The salesman... the finance scammer...the owner, the manager and the list goes on and on... There are three sleazy lawyers for every good one willing to take these suits on contingency. Why ? because the arbitration does not apply in cases of fraud! Yes you can beat these con artists and their lying cohorts and there is no threat they can make to stop you.
Don't let these deviant criminals make you a victim.