How to Fight a Nursing Home Arbitration Agreement
It is not easy to place a loved one in a nursing home. Your current circumstance may not allow you to care for your loved one in the way they need and therefore, a nursing home will provide the round-the-clock care they need.
Unfortunately, nursing homes do not always provide adequate care. Worse still, they sometimes force residents or their proxies to sign an arbitration agreement. This can make obtaining compensation after neglect or abuse very difficult. Below, our Tampa nursing home abuse attorney explains what these agreements are, and how you can fight back against it.
What are Arbitration Agreements in Nursing Homes?
Arbitration agreements mandate that if a nursing home resident wants to take legal action against the facility, they must go through arbitration to do it. During arbitration, both sides argue their case to an arbitrator who will then make the final decision. Nursing homes often use the same arbitrators for any case brought against them.
How to Defend a Nursing Home Arbitration Agreement
Nursing homes often require residents or their proxies to sign a number of different documents before elders are admitted. Arbitration agreements are often mixed into this paperwork and the facility administrators or staff members may or may not inform residents or their families about what they are. Fortunately, there are times when you can fight back against an arbitration agreement even if you have already signed it.
Again, people must know what they are signing in order for an arbitration agreement to be enforceable. If a person was not aware that a document was an arbitration agreement, that could deem it invalid. For example, a person may get halfway through the extensive paperwork provided by a nursing home and stop reading it but they may sign where required. They may then sign the agreement unknowingly.
Arbitration agreements are also invalid when a person does not have the mental capacity to sign the agreement. Many nursing home residents do not have the legal mental capacity to sign contracts or documents and so, that could render any legal agreements void.
Our Nursing Home Abuse Attorney in Tampa Can Defend an Arbitration Agreement
Arbitration agreements can make obtaining the compensation your loved one deserves after abuse or neglect extremely difficult. At Kohn Law, our Tampa nursing home abuse attorney can defend against these agreements so they are no longer considered valid and your family member can obtain the full and fair settlement they deserve. Call or text us now at 813-428-8504 or chat with us online to request a free consultation with our experienced attorney and to learn more about how we can assist with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
