Many long-term care facilities, including nursing homes and assisted living centers, will request forced arbitration agreements to be signed before a resident has been admitted. And as one of the country’s leading nursing home and abuse law firms, the attorneys at Levin & Perconti believe that these agreements only make it more difficult for residents to seek justice in the case of them being harmed, injured, or neglected.
Forced pre-dispute arbitration:
- takes advantage of vulnerable long-term care consumers
- restricts consumer choice
- hides the public from a history of poor care
- lessens provider responsibility
- drastically limits the financial liability for deliberately deceiving, injuring, abusing, or neglecting someone that would otherwise have the ability to take their case to court
With as many as 85% of U.S. nursing home facilities reporting at least one case of abuse or neglect, corporate wrongdoers must be held accountable in front of a judge and jury rather than hide behind the closed doors of an arbitrator. And victims of nursing home abuse and neglect fare better when allowed to plead their case in front of a jury.
How To Identify Arbitration Language in a Nursing Home Agreement
When prompted to sign a nursing home agreement of any sort, ask if the contract contains a mandatory arbitration agreement or other damaging language that would make it difficult for a resident or family member to hold a nursing home accountable for any wrongdoing. If it does, we recommend that you do not sign it.
While all contracts may differ, below is an example of a provision of a simple mandatory arbitration clause that may appear in a nursing home contract.
“Any controversy or cause of action resulting from or relating to this contract or any breach thereof shall be settled by arbitration before the American Nursing Home Arbitrators association. The number of arbitrators shall be three. The place of arbitration shall be Chicago, Illinois. Illinois law shall apply.”
If your family is seeking long-term care and confronted with a contract, please accept our offer to talk with a nursing home abuse and neglect attorney before signing it. If the rights of your loved ones have been violated, you will want to position the accountability of those actions on the responsible party and help prevent the mistreatment from happening again by letting others know via a public trial.
Chicago’s Nursing Home Abuse & Neglect Lawyers
We have experience in interpreting nursing home agreements and know when our clients have been misguided and mistreated. If you or a loved one has suffered injury or death because of nursing home negligence, you may seek compensation to hold wrongdoers accountable. Call us toll-free at 1-877-374-1417 or 312-332-2872 to request a free, confidential consultation handled by one of our skilled attorneys.