Florida Nursing Home Lawyer Blog
Nursing home abuse and neglect lawsuits were always a challenge, for a myriad of reasons. But increasingly, more plaintiffs are running up against a formidable test: Arbitration.
Arbitration agreements are thrust in front of patients and their families, often while they are in a state of emotional and physical turmoil – during the nursing home admission process. Buried in a stack of forms, the arbitration agreement compels the person to sign away their right to have disputes handled in a court of law. Instead, by signing their name at the bottom of the fine print, they agree instead to have such claims heard by a paid arbitrator, in private, behind closed doors. The arbitrator isn’t bound by the law. There is no jury. The arbitration process isn’t public. The arbitrator has an interest in keeping the nursing home happy, therefore preserving the lucrative contracts that keep them employed. These agreements are not in the best interests of residents and their loved ones.
As a recent article by ThinkProgress.org recently explained, these arbitration agreements are increasingly becoming the status quo. The good news is that advocates and elected officials are starting to take notice. However, as of right now, the process is still largely going unchecked, leaving many abused, mistreated and neglected nursing home residents fighting an uphill battle for justice. Continue reading →