What you need to know about arbitration agreements at nursing homes
Written by Jay M. Kelley III in Health & Wellness on January 31, 2018
Placing a loved one in a nursing home is never an easy decision, but family members may feel relieved knowing that their loved one is safe and secure.
Unfortunately, bad things can happen to residents in nursing homes. Abuse, neglect or sexual assault of residents is, sadly, not uncommon.
Worse, in some nursing homes, the legal rights of victims may be limited because of something they signed in the admissions contract.
Arbitration agreements
In many nursing homes, residents are required to sign arbitration agreements as a condition of being admitted to the facility. In fact, up to 90 percent of major nursing home chains in the United States now include arbitration agreements when admitting new residents.
Arbitration agreements can limit the options of nursing home residents if an issue arises. If the facility fails to monitor a resident and the resident gets seriously injured, for example, the resident/family will have to go through the arbitration process. This process is void of a judge and jury – and there usually is no option to appeal a decision. An arbitrator makes a final ruling on the case.
Many residents and family members do not even know that they signed an arbitration agreement. They find out after something has gone horribly wrong.
Families should be aware of the dangers and limitations of signing arbitration agreements. Read any nursing home contracts thoroughly before signing them. Do your research and ask questions about arbitration agreements you will be required to sign, and consult an attorney if you have concerns.
Free consultation: If your loved one has been injured or neglected at a nursing home and you wish to speak with an attorney about your legal options, please call us at 1-800-ELK-OHIO.
Jay M. Kelley III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice and catastrophic personal injury attorney in Ohio with over 30 years of experience and a proven track record of securing millions in verdicts and settlements. He leads Elk + Elk’s comprehensive litigation strategy across state, federal, and appellate courts, drawing on a unique background as a former felony prosecutor and hospital defense lawyer. Jay focuses on high-stakes, complex cases, including birth injuries and wrongful death, and is widely recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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