Elder Law

Binding Arbitration Clauses Create Havoc in Nursing Home Abuse Cases

By Levin & Perconti

Binding arbitration clauses are becoming increasingly more common in society, especially in nursing homes. Many nursing home lawyers are finding that nursing home residents and their families are being faced with mandatory arbitration clauses when they try to take the corporations to court. Unfortunately many residents and their families sign binding arbitration clauses without realizing it, and it is not until nursing home abuse or negligence occurs that the issue is ever raised. Many lawyers find it very difficult to get residents out of binding arbitration agreements. The problem is that residents are not required to accept binding arbitration to be admitted to a nursing home. However, once someone agrees to the terms, any claims, no matter how simple or complicated, are subject to arbitration. This could be alleviated with the passage of the Fairness in Nursing Home Arbitration Act, which provides that a pre-dispute arbitration agreement between a long-term care facility and a resident shall not be valid or specifically enforceable. If this bill passes many people that it will ensure that arbitration is voluntary and not coerced to resolve disputes. It will enable those who have received gross negligence at the hands of the nursing home industry to have their day in court. Please contact your congressmen, and voice your support for the nursing home legislation. To read more about the binding arbitration, please click the link.

Full post as published by Illinois Nursing Home Abuse Blog on August 26, 2009 (boomark / email).