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Due to cognitive or physical decline, elderly individuals can be vulnerable to others’ ill-intentions. To make nursing home abuse claims more difficult to litigate, many facilities ask residents to sign arbitration agreements. If you or a loved one feels pressured into signing a contract with an arbitration clause, below is a more in-depth look at what this means and how to proceed.  

What Are Arbitration Agreements?

Nursing home abuse includes physical violence, sexual misconduct, and verbal threats. Neglect can include the withholding of medication, failing to see to residents’ personal hygiene, and not providing adequate food and water or a safe living environment. These issues go against nursing home regulations outlined in the Nursing Home Reform Act of 1987.

By signing an arbitration agreement, parties will resolve disputes without legal intervention. In the case of nursing home neglect or abuse, this means the victim or their family foregoes the right to sue for damages.

The dispute is then handled privately and the allegations are not disclosed to the public. This means residents are not treated with the level of care they are entitled to, victims often don’t see justice for nursing home abuse, and offenders can continue putting the well-being of other elderly individuals at risk. 

What to Do If Asked to Sign an Arbitration Agreement

Omaha-Nebraska-nursing-home-abuseRead a nursing home contract thoroughly before signing, as to not overlook an arbitration agreement buried in the paperwork. If you see the clause, do not sign it. A nursing home cannot deny admission for refusing to sign the agreement. If you have already signed, ask for a copy and seek out a nursing home lawyer for help. They will go over the terms and help you take steps to void the agreement.  

 

If you or a loved one needs help getting out of an arbitration agreement or have experienced nursing home abuse or neglect, contact Reed Law Offices in Omaha, NE. The counselors are committed to protecting the nursing home rights of senior citizens and other vulnerable individuals throughout Douglas County. To schedule a consultation, call (402) 933-0588 or visit them online to learn more about their services.

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