The occurrence of abuse and neglect in nursing homes sparks outrage amongst the general public. For the loved ones of residents who have been abused in these facilities, the outrage meets with feelings of frustration and helplessness upon discovering that a pre-dispute arbitration agreement with the nursing home prevents them from taking their case of abuse and neglect to court.
Recently, Arizona media have cast a spotlight on this stifling practice, and in 2016, the Centers for Medicare & Medicaid Services (CMS) attempted to ban pre-dispute arbitration clauses in nursing home contracts. A U.S. District Court placed an injunction on the ban that still exists today.
Until the day this practice ceases, the personal injury legal team at Zanes Law is committed to helping you get justice for your loved one. We will fight to invalidate the arbitration agreement by which your loved one is bound. An arbitration agreement dispute lawyer in Phoenix, AZ will do everything from A to Z to see that justice is served. Call us now for a free, no-obligation initial consultation at (866)-499-8989.
Nursing homes in Phoenix, AZ increasingly require individuals who apply for admittance as residents to sign a pre-dispute arbitration agreement. By signing this agreement, the resident agrees to settle all differences with the nursing home via arbitration, and not through a court of law.
These “differences” include allegations of nursing home abuse and neglect.
The arbitration process consists of a private discussion or negotiation, usually run by a professional arbitrator, aimed at resolving disagreements outside of court. Although the prospective nursing home resident and family members sign the agreement voluntarily, they probably also sign it unknowingly.
Nursing homes typically bury the arbitration clauses in stacks of paperwork, and the fine print goes unnoticed.
If your loved one has been abused or neglected at a nursing home and is bound by an arbitration agreement, an arbitration agreement dispute lawyer in Phoenix, AZ will dispute the validity of this agreement on your behalf so you can have your day in court.
To be clear on the matter, by signing a pre-dispute arbitration agreement, you are giving up the right to all the following legal measures a person would ordinarily pursue in an instance of nursing home abuse or neglect.
You give up the right to:
Nursing homes peddle these arbitration agreements with the promise of offering more efficient conflict resolution than the traditional process of taking your case to court. The owners of these facilities insist that arbitration will save you the cost of attorney fees.
These arguments consist of half-truths. The full truth of nursing home arbitration is as follows:
Nursing homes want arbitration because it works in their favor to quiet unhappy residents and caregivers, cheaply and with no fear of future claims or lawsuits and no bad publicity for their negligence in fostering an abusive environment.
If you have not yet signed an arbitration agreement, don’t. The nursing home cannot make you sign it, and if they insist, this should be a huge red flag.
Save you and your loved one much grief down the road by walking out the door and finding a reputable nursing home that does not feel the need to hide behind such smokescreens.
If you or your loved one already signed a nursing home pre-dispute arbitration agreement, do not despair. There are ways of overturning these agreements.
Nursing home and elderly care laws are intricate and complex. Although the above scenarios may seem logical enough for any person to sense their unfairness, it often takes the know-how of a lawyer to invalidate an arbitration agreement with a nursing home.
The nursing home has an agreement with your loved one’s signature. This is a challenge. And it is a challenge we accept enthusiastically.
Let our firm represent you and your loved one to dispute the arbitration agreement that is keeping you from getting the justice you deserve. We will do everything from A to Z to have this agreement thrown out, so you can have your day in court.
Call Zanes Law today for a free, no-obligation review of your case with an arbitration agreement dispute lawyer in Phoenix, AZ.