It is becoming standard in many nursing home abuse and negligence cases to find defendants pushing to have claims settled in arbitration.
Often when nursing home patients are admitted, they and/or their relatives are bombarded with stacks of paperwork, which often include an “arbitration agreement,” binding parties who sign to resolve any disputes that arise from care before an arbitrator, rather than a judge.
What this paperwork often doesn’t clearly spell out is that by signing you are in effect signing away rights and protections and the ability to hold the company accountable for poor standards of care. It is possible – though not as likely – for plaintiffs to succeed in arbitration. Even so, damages tend to be more modest and settlements are often confidential, meaning there is no opportunity to warn others of the potential danger they may face when taking their loved ones to that facility.