Will a Nursing Home Arbitration Prevent You from Suing?
Nursing Home Abuse and Arbitration Attorneys Serving Upstate New York Families
Experienced Legal Representation for all of Upstate New York Including Troy, Albany, and Sarasota
When we leave our loved ones in the care of a nursing home, we trust the caregivers to provide their needs and care for them in the best way possible. Unfortunately, this doesn’t always happen. Far too often, our elderly and disabled family members end up being neglected or injured. And, in some cases, the treatment can be fatal. When this happens, family members are often forced to sue the nursing home facility and the personnel responsible for the abuse, in order to get justice for their loved ones.
Unfortunately, even if you can prove that someone else caused your loved one harm, you could still be prevented from suing. Here’s what you should know regarding arbitration if you are considering a lawsuit against a nursing home.
What is Arbitration?
Sometimes, nursing homes include an arbitration clause in their contracts, stating that even if you pursue a wrongful death claim for your loved one, you might have to go through arbitration first. If you sign a contract when you admit your family member into the nursing home that includes a binding arbitration agreement, it typically means that you must resolve any conflict through arbitration rather than court.
The arbitration process is usually where an argument is heard, and judgment is passed by arbitrators. It is intended to solved issues at a lower cost while avoiding a lawsuit in a court of law. While it might seem like a better process for everyone involved, the biggest issue with arbitration is that in nursing home neglect and abuse cases, it usually favors corporations rather than family members or the loved one who was neglected.
Your Options if You Face Arbitration
Before you sign any contract, it’s important to examine the details carefully to ensure the details are in your loved one’s best interests. When you agree to arbitration, you agree to resolve issues without a public record of the dispute and without a trial or opportunity to appeal.
However, even if you aren’t sure whether or not you agreed to a binding arbitration clause, you might still have other options. If your loved one was injured or harmed in a nursing home, it’s in your best interests — and your family member’s best interests — to make sure the right person is held accountable. At the very least, you could help prevent the neglect and abuse from happening to someone else.
Contact Experienced Nursing Home Abuse Attorneys
The lawyers at E. Stewart Jones Hacker Murphy have a hundred-year reputation for making sure our personal injury clients get justice for their injuries. We know how frustrating and devastating it can be to trust a nursing home only to find out they weren’t doing their jobs or caring for our loved ones properly. If you believe your family member has been hurt or neglected by a nursing home, let us help you get justice for them. We offer a free and confidential consultation with you and your family. Request a consultation with one of our injury lawyers by calling (518) 380-2597 or fill out our online contact form to get started immediately.