Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

Nursing Home Arbitration Clauses Present Special Issues

I don't support the enforceability of arbitration clauses in consumer type contracts generally, because in virtually every instance, they are signed without any understanding whatsoever on the part of the consumer. In many instances, admissions to nursing homes are under circumstances that give the consumer no time to read or reflect upon the content of what are often long and detailed nursing home contracts of admission. Many of those I speak with about nursing home abuse and neglect cases tell me that they were not even really given an option when the time came for their loved one to be released to a nursing home from the hospital. Often, this is simply because there are not beds available in enough nursing home facilities to allow choice. A growing issue that nursing home abuse and neglect attorneys have to deal with is challenging the arbitration clauses that nursing homes are putting into their contracts. Nursing home abuse and neglect lawyers should work hard for their clients to avoid these clauses, and preserve their clients' right to a fair jury trial. The review of nurising home arbitration clauses should be iuncluded in the service provided by any North Carolina (Raleigh, Wilmington, Fayetteville) nursing home abuse or neglect (or wrongful death) lawyer or attorney.