What You Should Know about Your Nursing Home Arbitration Agreement
Admitting a loved one into an Oklahoma nursing home can be challenging and stressful. During the application process, there are many documents that are difficult to understand and requirements that are challenging to meet. One of the many legal documents you may be asked to sign is a nursing home arbitration agreement. It is important that you review this agreement and learn about what it means before signing it.
A mandatory arbitration agreement is an easily overlooked legal document that is sometimes included in a package of admissions documents. Failing to read whatever you are signing can prove costly if your loved one becomes the victim of nursing home abuse or neglect. A nursing home arbitration agreement takes away your right to sue the nursing home. Instead, your disputes will go directly to a professional arbitrator. If you sign an arbitration agreement, you will not be able to take the nursing home to court even if your loved one dies as a result of neglect or abuse in the care facility.
Why are nursing homes forcing families to sign arbitration agreements? The amount awarded to victims of nursing home neglect is typically less when determined outside of a courtroom. Therefore, negligent facilities are penalized less when the case goes to arbitration.
It is important to remember that you have the right to not sign the arbitration agreement. Such an agreement is not necessarily a condition of admission to the facility. Practices may vary at each facility, but it is not common for a facility to deny someone’s admission based solely on the family’s choice to not sign an arbitration agreement. Therefore, you should be able to get your loved one into the facility of your choice even if you do not agree to sign the arbitration agreement.
There are many complicated legal issues that families in Oklahoma have to deal with when enrolling a loved one into a nursing home. The experienced nursing home lawyers at Maples Law Firm offer guidance and support to all Oklahoma families at (405) 705-5050. Please contact us today to find out how we can help.