Terrell · Hogan

Quick Navigation
Leaders Forum 2016
Search Site

By Wayne Hogan and Albert Lechner

When your loved one has decided on a nursing home, please beware of something you will surely encounter during the admis­sions process: a mandatory arbitration clause in the paperwork that strips away your loved one’s rights to a jury trial if he or she becomes injured and wants to pursue justice. This is not in the best interest of the consumer.

During the admis­sions process, you or your loved one will sign mounds of paperwork and it’s easy to overlook a mandatory arbitration clause. The admis­sions agreement will likely contain language where the resident agrees to waive his or her rights to a jury trial to resolve any disputes against the facility – including any civil actions as the result of any neglect or abuse –and instead submit them to binding arbitration.

It is a miscon­ception that arbitration is faster and less expensive than a civil lawsuit. The reality is that any cost savings or time savings are offset by the lower damage awards that are usually awarded by arbitration panels. Arbitration clauses force nursing home residents out of court and into arbitration that’s heavily weighted in the company’s favor.

Even though most nursing homes will not require the resident to agree to binding arbitration, most residents simply sign the admis­sions agreement containing such language without thought of the conse­quences or without opting out of the arbitration provision (which almost all facil­ities will let the resident do).

Please be sure to review the paperwork signed by your loved one and discuss any arbitration provision with them immedi­ately. It is best not to sign one of these.

The injuries and conse­quences that result from neglect in nursing homes can be devas­tating. If you or a loved one has experi­enced neglect, it is important to consult with an attorney experi­enced in nursing home abuse/neglect and who has the resources to vigor­ously pursue justice on your behalf.