Should You Sign An Arbitration Agreement With A Nursing Home?
In a recent blog post by the California lawyers of the Walton Law Firm, talk about the growing trend against mandatory arbitration of claims arising out of abuse or neglect occurring in a nursing home facility. In two of our most recent nursing home abuse cases, a review of the documentation revealed the presence of an "Arbitration Agreement." Although this "Arbitration Agreement" was "voluntary," if signed by the proper individual, it is, indeed, binding.
Whether you are required to sign an arbitration agreement upon admission, or are asked to sign one, there are several things you should know. If the agreement is signed, it is, absent some very specific circumstances, binding.
Additionally, should you be injured by the negligence of the staff of the facility, you give up certain rights if you signed the arbitration agreement. Examples of just some of the rights you give up are:
- Instead of having your case against the nursing home heard in public and by a jury made up of members of the community, your case will be heard in private by one or more "professional arbitrators";
- You may be responsible for one-half the cost of the arbitration, which can cost you thousands of dollars out of your own pocket; and
- At the conclusion of the arbitration, your right to appeal any award may, and oftentimes is, extremely limited.
I am not in favor of arbitration in the nursing home context. I believe in the jury system and feel that, when a person is injured by the negligent acts of a nursing home facility's staff, that matter should be heard by a jury. Honestly, the private nature of arbitration does not ordinarily benefit the injured party; instead, it is typically the facility who wants to keep its negligence out of the public eye.
When you or a loved one are being admitted to a nursing home or assisted living facility, be careful what you sign your name to. In the mound of paperwork provided by the facility, you may be signing away your right to sue the facility in court if you are injured as a result of negligence. Know what you are signing; it matters.
