Should You Say “No” to Pre-Dispute Arbitration Agreements in Nursing Homes?
When you or a loved one are admitted into a nursing home, a lot of moving parts occur. In addition to learning about the policies and procedures of any given nursing home, you will also have a lot of paperwork to review and sign. A pre-dispute arbitration agreement is one of those documents, but it’s important to note that it’s not a requirement to sign it. What this agreement does is remove your right to pursue any legal action against the nursing home should there be a dispute, wrongdoing, or negligence. Any bedsore attorney in Manhattan, NY will caution you about signing this document, and here’s why.
What Disputes Could Occur In Nursing Homes?
Even if you believe you or your loved one will receive proper care in a nursing home, a bedsore lawyer in The Bronx will still recommend protecting your rights. When you sign a pre-dispute arbitration agreement, you likely won’t be able to pursue a lawsuit if any of the following disputes occur:
- Developing bedsores due to improper care or neglect
- Suffering an injury due to neglect
- Experiencing physical or sexual abuse by a staff member or resident
- Being provided incorrect medication or dosage
There are many other disputes a bedsore lawyer sees from nursing homes, and when you sign a pre-dispute arbitration agreement, you likely won’t be able to take any action on them.
Why You Shouldn’t Sign A Pre-Dispute Arbitration Agreement
Any bedsore lawyer should suggest you don’t sign a pre-dispute arbitration agreement in a nursing home. You’re essentially giving up your rights to pursue legal action before a dispute even occurs. And if a dispute does occur, the outcome will be decided by a private arbitrator rather than a judge, which will almost always favor the nursing home. In other words, signing a pre-dispute arbitration agreement removes a lot of the rights you might need if a dispute occurs.
Look Out For The Agreement When Entering A Nursing Home
It’s valuable to have a bedsore lawyer sort through the paperwork you receive when entering a nursing home facility. The pre-dispute arbitration agreement could be buried in between a lot of other documents and it’s easy to simply sign it without reading what you’re signing. This mistake could be costly, so always be on the lookout for it.
Sinel & Olesen, PLLC can’t help you have a positive experience in a nursing home, but we can help you protect your rights should anything go wrong. Having a bedsore lawyer on standby is valuable since there are plenty of concerns with nursing homes in general. Before you sign any documents, contact us and we would be happy to review them for you.