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Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation

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by Beth Graham

Thursday, Feb 19, 2015


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A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation. According to a complaint filed in the Southern District of Texas, Silverado Senior Living barred a woman’s two sons and daughter-in-law from the premises after the individuals refused to remove several photos and videos of their mother at the facility from their social media accounts. As a result, the senior citizen’s family members claim that Silverado arbitrarily and unreasonably limited their access to the elderly resident. The plaintiffs also argue the nursing home violated their constitutional rights by prohibiting them from visiting their family member in the locked long-term care facility. In response to the lawsuit, Silverado claims that the publicly posted social media materials violate the privacy rights of other facility residents.

This case provides yet another example of the increasing role alternative dispute resolution has played in the settling of nursing home disputes in recent years. Last month, the federal judge who is presiding over the lawsuit ordered the parties to work towards a mediated settlement. If Silverado and the woman’s family fail to settle their dispute within the time frame outlined by the judge, another mediation session will apparently be scheduled.

Photo credit: Jinx! / Foter / CC BY

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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