Nursing Home Arbitration Clauses

Why Nursing Home Residents Don’t Get the Compensation They Deserve

When a family makes the difficult decision to admit a loved one into a nursing home or assisted living facility, they can be overwhelmed with emotions and stress. With dozens of documents to sign, most families will simply sign wherever the nursing home admissions personnel tell them to sign, without reading or comprehending the contents of the documents. One of the standard documents usually included in the admissions package is a mandatory arbitration agreement. Many families learn too late the consequences of a mandatory arbitration agreement.

Signing an arbitration agreement means that you agree to have any dispute between the resident and the nursing home decided by a professional arbitrator, including claims of nursing home abuse and neglect. Arbitration agreements can and do deprive nursing home residents of their right to a jury trial in the event the resident is injured due to the negligence of the nursing home facility – even if the nursing home resident or their family was unaware of the impact of signing an arbitration agreement.

Statistically, individuals who have claims against long-term care facilities fare better in courts of law before a jury than having their claim determined by an arbitrator.

Nursing homes and assisted living facilities cannot require the signing of an arbitration agreement as a condition for admission to the facility. If you are faced with the need to place a family member in a nursing home, it is our advice that you do not sign an arbitration agreement. If your loved one is already a resident of a nursing home or assisted living facility and an arbitration agreement has been signed, you should seek the advice of experienced attorneys in the event of a claim for neglect or abuse.