Do you have a loved one in a nursing home? Are you searching for a long term care facility? Are you the power of attorney for that loved one? If so, make sure you read before you sign anything as their power of attorney, because there may be a mandatory arbitration clause lurking and waiting to deprive the rights of your loved one.
Whenever someone is admitted into a nursing home, or long/short term care facility, many documents are signed. Buried in those documents is something called an arbitration clause. An arbitration clause compels any dispute against a nursing home, care facility or hospital to be decided in arbitration, rather than through a public jury trial. This can have the effect of allowing the care facility to hide certain, damaging facts and avoid transparency to the public. An arbitration agreement can also have the effect of depriving a loved one of their right to sue for certain state or federal violations the home breached; such as laws preventing bed sores, decubitus ulcers, and neglect.
Arbitration clauses can tip the scales in favor of the nursing home and insurance industry, and allow these defendants to get away with abuse, neglect, or malpractice. The attorneys at Gill and Chamas work to balance those scales of justice, and provide to you and your loved ones the level of professionalism, experience, and resources needed to challenge the medical industry, and their arbitration clauses.
Trump Administration Abandons Fight for Ban on Nursing Home Arbitration Clauses
(June 2017) What little hope remained that arbitration clauses would disappear from nursing home admission paperwork is now gone. Friday, June 2, 2017 was the deadline for the Trump Administration to submit paperwork to continue the appeal of a Mississippi Supreme Court judge’s decision to block a ban on nursing home arbitration clauses. Instead, the administration decided to withdraw from the fight.
Loved one injured through nursing home neglect? Have bed sores, or decubitus ulcers been caused? Is there any bruising, fractures, infections, or other medical issues that have arisen since your loved one entered into a nursing home or care facility? If so, please contact one of our malpractice attorneys for a free consultation at 732-324-7600.