Choosing a nursing home is an important part of planning for long-term care. As you look at different places, you may have to go through a lot of paperwork. Buried deep in that stack of papers, you might discover an arbitration agreement.
Some nursing homes might try to strong-arm you into signing this agreement, but you do not have to. You can still get care even if you refuse to sign it. If you are given a nursing home contract that includes an arbitration agreement, speak with an experienced Virginia nursing home lawyer right away.
What Is Arbitration?
Arbitration is a way to settle disagreements without having to go to court. The process is simpler and less formal. There is no judge, and people do not have to use lawyers if they don’t feel like it. Instead, an arbitrator listens to both sides of the issue and helps those involved work toward an agreement or a solution.
What Are Arbitration Agreements?
An arbitration agreement lays out the rules and terms that both sides agreed to during the arbitration. This agreement is usually written down and signed by everyone involved.
Depending on where you live, the arbitration agreement may be filed with the court. Once it is filed, it becomes legally binding. If either side breaks the agreement, the court can step in and make them follow it.
Why Nursing Homes Push for Arbitration Agreements
The nursing home you pick may try to get you to sign an arbitration agreement. These agreements usually do not help the resident or their family. They mainly help the nursing home. If you agree to arbitration, the facility can avoid the cost of hiring lawyers and going to court if there is a problem with your or your loved one’s care.
How Does Arbitration Benefit Me?
There are some benefits to using arbitration when you have a legal problem with a nursing home. Arbitration works differently from a regular lawsuit. It usually costs less, keeps your information private, and the process is much faster than going to court.
The Drawbacks of Arbitration Agreements
If you agree to arbitration, you give up your right to take the nursing home to court. Some nursing homes put many kinds of disputes into these agreements and ask you to sign them before they will provide care. If you sign an arbitration agreement, you give up your right to go to court if you or your loved one experiences any of the following while living in the nursing home:
- Physical or sexual abuse: Any kind of hurting or inappropriate touching of a resident.
- Medication mistakes: Getting the wrong medicine or the wrong amount.
- Malnutrition or dehydration: Not getting enough food or water.
- Theft: Money or personal items being stolen.
- Infections or disease outbreaks: Getting sick because the facility did not control the spread of illness.
- Wrongful death: A resident dying because of the facility’s actions or neglect.
What Do I Need to Know About Nursing Home Arbitration Agreements?
It is never a good idea to sign any agreement unless you fully understand it. Arbitration clauses are often hidden inside other nursing home admission forms. Keep in mind that you do not have to sign an arbitration agreement to be admitted. Before you decide whether to sign, watch out for these warning signs:
- Some agreements try to limit how much money you can get if you are injured or suffer a loss. Nursing homes often use arbitration agreements to reduce how much they might have to pay if a resident is harmed. Ensure you protect yourself and your right to full compensation before deciding whether to sign.
- If the agreement says you will only get care if you sign it, that is a big warning sign. This is not true, and it shows a serious problem with both the agreement and the nursing home.
Contact a Trusted Virginia Nursing Home Lawyer Today
Choosing whether or not to sign an arbitration agreement can have a big impact on your rights, so it’s important to get clear advice before making any decisions. A lawyer can explain what the agreement really means and help protect you or your loved one from unfair terms.
If you have questions about a nursing home contract or think something isn’t right, call Hollingsworth Law at (703) 401-9970 or fill out the contact form on our website to speak with a Virginia nursing home lawyer today.