Residential agreements are required by most – if not all – nursing home residents at the time of admission.
In some cases, these agreements simply lay out the financial obligation of resident seeking placement. However, an increasing number of homes are requiring residents and/or their representatives to sign arbitration agreements. These are essentially contracts that prohibit a resident from filing a lawsuit in court in the event of negligence or abuse resulting in harm to the resident. Instead, they are required to submit any claim to binding arbitration.
What many people don’t understand is that this is a forfeiture of a constitutional right. Although arbitration can yield favorable results to plaintiffs, a court of law is typically the best forum to weigh these complex cases. Plaintiffs tend to have a higher success rate in court and damages awarded are often significantly more substantial. Continue reading ›