Nursing Home Pre-Dispute Arbitration Agreements Meet Opposition

Legislators are working to void the occurrence of pre-dispute arbitration agreements in nursing homes. Individuals opposed to arbitration agreements in nursing homes believe it is an unfair time to offer the pre-dispute arbitration agreements to families placing loved ones in nursing home care. They are often not in a state of mind to translate the jargon of the agreements, or to think through future possibilities of the necessity of waiving an arbitration.

The House of Representatives, the American Health Care Association and others agree that the idea of a pre-dispute arbitration agreement offered during the admission of a patient is ill-timed. Others say that it is avoidance of accountability on the part of the nursing home. “Once [residents] sign these agreements … they are giving away their rights to ever go into court against the nursing home,” a U.S. Representative told reporters during a press call Wednesday. “Nobody should accept denial of justice as the price for the care their loved ones deserve.” For more, read the story

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Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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