When seniors and their families decide to live in a nursing home, it’s never easy. While many senior living communities strive to provide the best care possible to their residents, some become the scenes of abuse and neglect. When that happens, a lawsuit against the nursing home can be a senior’s only legal recourse. Unfortunately, nursing homes have developed a strategy known as an arbitration agreement to protect themselves from lawsuits, and they are not always transparent about it.
At Slutsky Elder Law, we strive to give seniors all the resources they need to ensure they have agency in the decisions being made about their care, even when they are living in a nursing home. Read on to find out more about nursing home arbitration agreements and the legal rights you have when being admitted to a nursing home.
What Are Nursing Home Arbitration Agreements?
When a senior is admitted to a nursing home, a pre-dispute arbitration agreement is often included with their admission paperwork. If signed, this agreement removes a senior’s right to take the nursing home to court in any cases of negligence, abuse, or other wrongdoing. Instead, any legal disputes will be handled by an arbitrator, who will negotiate with the nursing home to resolve the issues.
When arbitration agreements are included in admission paperwork, residents may think they are required to sign them; this is not the case. In fact, signing a pre-dispute arbitration agreement is completely optional. Nursing homes will generally not mention this fact, and they may not even mention that the arbitration agreement is included at all. They may pressure, force, or mislead an older adult into signing the agreement.
Are Nursing Home Arbitrators Impartial?
While it may seem like arbitrators are unbiased third parties, this is often not the case. In many cases, arbitrators frequently work with nursing homes and may take their side when abuse or neglect happens. By using arbitrators, nursing homes are allowed to resolve any accusations behind closed doors, preventing older adults from seeking the justice they deserve. Arbitrators can also allow a nursing home to hide a history of abuse and neglect because details of their crimes are never made public. This gives them the opportunity to continue abusing their residents without legal repercussions or financial compensation to the victims.
Do I Have to Sign a Nursing Home Arbitration Agreement to be Admitted?
It is important to remember that no matter what nursing home staff may say, you absolutely do not have to sign a pre-dispute arbitration agreement. You can opt-out by crossing out the section related to the arbitration agreement and signing your initials, but it is still better to speak with a lawyer before signing. If the arbitration agreement is separate from your admission paperwork, you can refuse to sign it. If the nursing home persists, tell them you would like to have the paperwork reviewed by a lawyer. The bottom line is that a nursing home has a legal responsibility to provide proper care and they cannot refuse to admit you for opting out of their arbitration agreement.
Do I Need a Lawyer When Being Admitted to a Nursing Home?
As awareness about arbitration agreements rises, nursing homes are using new tactics to convince residents to sign them. They may alter the language of the contract to make it harder to recognize. Although you can rescind your contract within 30 days after signing, once that period is over, you will have waived your right to sue the nursing home over any disputes, including those involving abuse, neglect, and medical mistakes. That’s why you should speak to an elder law attorney before you sign any paperwork related to your admission. An experienced elder law attorney like Robert Slutsky can help ensure you retain your right to seek legal action when being admitted to a nursing home by reviewing your paperwork and informing you about what it means.
If you need an elder care attorney in Montgomery County, PA, or surrounding counties, call (610) 940-0650 or use our contact us page to partner with one of the most experienced elder law attorneys in the state. In addition to helping you navigate nursing home arbitration agreements, Robert Slutsky can assist you with a range of other elder law concerns, including estate planning, Medicaid asset protection, powers of attorney, and more.