Nursing homes face the risk of malpractice suits every day. If they keep a tight ship, maintain good records, and watch their staff and patients carefully, there is little to worry about. But many nursing homes are forcing people to sign arbitration agreements before allowing a new resident.
An arbitration agreement means that you must go through an arbitration process first before you can be allowed to sue a facility for problems. In some cases you may not be able to sue at all. Advocates say that the process is faster than a court case, and often prey on fears that a resident may die before a court case is complete.
Don’t be fooled though. Arbitration puts the ball in their court. They can limit the types of documents that can be requested, limit the number of witnesses you can call, and even put a cap on the amount of money you can get if abuse is discovered. Often these clauses are forced onto elders who do not have their full cognitive abilities anymore.
Demand your right to sue. Public officials will be able to gain far more access to a facility’s records and put them out on public display. A court case can reveal a pattern of abuse and save the lives of other people in the facility as well. True, a court case may take longer, but it will get to the bottom of a situation and prevent it from happening again.
Is your nursing home trying to enforce an arbitration clause? Contact Schenk Smith Trial Attorneys. We can help.