Are you or a loved one considering a move to a nursing home or assisted living facility? Once you have chosen a location you feel comfortable with, a critical first step before moving in is to sign a litany of paperwork and other admissions documents. While this is a common practice for any facility, it’s important to understand the nuances of these documents and what you and your family are agreeing to—particularly if those documents or contracts include arbitration clauses.
Often hidden in the fine print, arbitration clauses require future disputes to be resolved outside of court in arbitration. On paper, this may seem like a minor deal to the average new tenant. After all, the facility is likely covering its bases in good faith for a wide range of issues. That said, arbitration may not be in your best interests should a dispute arise in the future.
Let us dive into this in more detail with today’s article.
Why Arbitration Clauses Are Common in Nursing Homes or Assisted Living Facilities
Arbitration clauses can be added to almost any contract where there is concern about future disputes. In nursing homes or assisted living facilities, disputes can range from medication errors to neglect-induced bedsores, injuries, theft, and physical abuse. Therefore, an effective arbitration clause establishes a legally binding plan for resolving specified disputes—thus eliminating the threat of litigation.
Why should you care? Arbitration can be an excellent alternative to resolving disputes. That said, it can also be costly. Decisions are also binding and offer little room for appeal. Depending on the unique circumstances of your dispute, this may not sit well with you.
Therefore, you or your loved one needs to take your time reading admissions documents. Sure, this is an extra step and a bit more time-consuming—but it is better to know what you are signing and ask questions if something seems wrong. Should you still not feel comfortable signing arbitration clauses, you have the right to decline to sign them.
Believe it or not, facilities cannot deny admission if you refuse to sign. If you sign, you still have 30 days to rescind your consent.
Your rights matter, and we are here to help protect them as you make important decisions about long-term care.
Call Nelson Law Group Today!!
If you are facing a legal dispute or wish to understand what you are signing, we can help. You need an advisor to guide you through each stage of reviewing forms, help you make the best possible decisions, and help you deal with the fears that naturally come with that. We work diligently to protect your interests in these and other matters and achieve a result that ensures you receive what you are entitled to. The Nelson Law Group brings three decades of legal experience to every case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
