Signing over your loved one to a nursing home can be a very emotional and often confusing process, full of paperwork and red tape. As you are likely second-guessing your decision and their care options to make sure your loved one is in a safe place where their rights and dignity will be respected, there is one sneaky little provision that could make a huge difference to their rights and your family’s rights: the arbitration clause.

Hidden in the admission agreement, arbitration clauses establish limitations on your loved one’s and your family’s rights if there is a dispute or if the nursing home is negligent. In this blog, our nursing home abuse attorneys will discuss what these clauses are and how a lawyer can protect your loved one’s rights.

What Are Nursing Home Arbitration Clauses?

Arbitration clauses are legal provisions included in a contract between two parties. The clauses stipulate that any disagreement between the parties must be mediated by an arbitrator rather than being resolved in court. Arbitration is an out-of-court, private, and informal proceeding in which a third party, an arbitrator, acts as the judge, reviews the facts of the case, and issues a ruling. The decision is usually binding. Note: Arbitration clauses are not specific to nursing homes. Companies have used arbitration clauses for decades as a way to avoid expensive lawsuits while still protecting their rights. Nursing homes have also implemented this strategy, but their use of arbitration clauses can have major consequences for your loved one and your family.

In the context of nursing homes, when an arbitration clause is included in the admission agreement, it effectively removes your right to sue the facility in court if a dispute arises over their care or negligence. Arbitration clauses can cover a variety of different issues, such as neglect, abuse, or even wrongful death. Arbitration effectively prevents you and your family from taking your case to a jury trial, which is very much to the disadvantage of your family.

Issues Related to the Presentation of Nursing Home Arbitration Clauses

The presentation of arbitration clauses in nursing homes is a process that involves several key steps. Some of the most common ways in which these arbitration clauses are presented are as follows:

Fine Print

The arbitration clause is often very small and hidden in the fine print of the admission agreement and is often not presented or disclosed to families until after they have signed the agreement. Clauses are often long and difficult to read, using legal terms and language that can be difficult for those without a legal background to understand.

Emotionally Stressful Situations

Staff often present families with the agreement and have them sign it in a rush during an emotionally stressful time for them and their loved ones. Families are also often not given the opportunity to read or understand the agreement, and staff members frequently fail to mention the arbitration clause at all.

Non-Negotiable

The agreement is almost always given to families as a “take it or leave it” contract. You must sign the agreement or risk your loved one not being able to be admitted to the facility. This practice of presenting families with non-negotiable agreements raises many ethical concerns about informed consent.

Impact on Your Loved One’s Rights

Arbitration may be an effective way for two parties to resolve their differences, but when a nursing home faces a negligence or abuse claim, it is a significant power imbalance in its favor. Some of the primary ways that nursing home arbitration can negatively impact your loved one and your family’s rights are as follows:

Legal Recourse

As mentioned above, arbitration clauses take away your family’s right to sue the nursing home in a court of law. It also removes your right to present your case before a jury of your peers. Arbitration decisions are final and binding, and it is very difficult to appeal them.

Bias and Concealment

Arbitration is also very private. Arbitrators are also typically chosen by the nursing home or their legal team. This can make it possible for bias and favoritism toward the nursing home to take place. The arbitration process and the outcomes are also confidential, which means that families cannot publicly share their experiences or hold the nursing homes accountable.

Costly and Lower Awards

Arbitration tends to be expensive for the family, despite it being promoted as an alternative to expensive and lengthy litigation. In addition to paying the nursing home’s legal fees, families are often required to cover the arbitration costs. Families who go through arbitration have also been shown to receive lower awards than they would have in a trial.

How a Skilled Attorney Can Help

Dealing with the legal system can be daunting, especially when you also have a loved one in a nursing home. In the event of an accident or any kind of neglect or abuse in their nursing home, a skilled West Virginia nursing home abuse attorney can play a crucial role in safeguarding their rights. 

In some instances, arbitration clauses may not be relevant to all types of disputes, such as criminal charges of abuse or violations of federal law. An attorney who has extensive experience in nursing home neglect cases can identify potential exemptions and file legal action in court where arbitration is not needed, and accordingly, your loved one’s rights can be protected.

Contact a West Virginia Nursing Home Neglect Attorney Today

Navigating the legal system can be complex, especially when you also have a loved one in a nursing home. Families in West Virginia do not have to go through this alone. A skilled nursing home abuse attorney can play an important role in protecting your loved one’s rights. With the right information and support, you can make informed decisions and ensure that your loved one is treated with the respect and dignity they deserve. Contact our office today.