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.
More About Nursing Home Abuse and Neglect
- Bed Sores
- Wrongful Death in Nursing Homes
- Failure to Prevent Patient Wandering
- Malnutrition and Dehydration
- Warning Signs of Nursing Home Abuse
Contact A Lawyer
The nursing home abuse and neglect attorneys at Clark, Perdue & List have extensive experience in handling claims against nursing homes and assisted living facilities for neglect and abuse. Contact us for a free initial consultation.
RECENT BLOG POSTS FOR MEDICAL MALPRACTICE
How Common Is Nursing Home Neglect and Abuse?
While nursing home neglect and abuse are both acknowledged to be serious problems across the country, many Columbus residents don’t realize how frequently these issues occur. Thousands of families are affected every year, yet not every case of abuse and neglect gets...
How to Choose a Medical Malpractice Attorney
Have you been seriously injured due to the negligence of a Columbus health care provider? A medical malpractice attorney can provide you with the help you need to recover from the experience – but you’ll need to find a lawyer who is up to the task. Malpractice cases...
What Does It Cost to Hire a Columbus Nursing Home Abuse Attorney?
You suspect that a loved one is a victim of nursing home abuse. An attorney can help you build a strong legal case and hold those responsible accountable for their actions. Working with an experienced Columbus nursing home neglect lawyer increases the likelihood of...
Another Case of Nursing Home Abuse Caught on Camera
We have reported in earlier posts that new legislation allows the use of recording devices in nursing homes. Unfortunately more cases are being reported about nursing home abuse caught on camera.
Nursing Home Neglect & Abuse – A Columbus Attorney’s Perspective
Nursing homes are supposed to be safe places where those we love can receive the care they need, and many Columbus facilities are just that. Unfortunately, some aren’t – and when someone is being mistreated, a nursing home neglect and abuse attorney can hold the...
Nursing Homes Still Experiencing Staff Shortages
According to a recent survey by the American Health Care Association and National Center for Assisted Living (AHCA/NCAL), 94% of nursing homes and 81% of assisted living communities have faced a shortage of staff members recently. And more than half of the facilities...