READ THE CONTRACT!
Posted by
Lauren EllermanSeptember 20, 2007 9:05 AMWe understand that making the decision to place a loved one in a long term care facility, is both stressful, and typically requires quick thinking... but please, READ THE CONTRACT.
I handle the Nursing Home inquiries at our firm, and the first question I ask the family, is who signed the contract. I also ask if they read it and retained a copy. Nursing Homes and other Long Term Care facilities are often placing Arbitration Agreements in their contracts. While we do our best to fight these provisions (and I will blog on how we do that later), if upheld, you would not have a right to file a lawsuit in your local state or federal courts. Practically speaking, arbitration means no jury, likely (but not always) a decreased value in the case, and sometimes, increased costs in filing the action. The Healthcare industry encourages Arbitration, stating it saves time, and money on both sides. They also claim it is a more friendly dispute resolution process. From the defense side, it may be more friendly because fewer nurses will be deposed, less likely to appear in the local paper etc... but the plaintiff will still have the burden of proof, with less access to information. So please, don't sign an arbitration agreement without thinking about the decision. AND, if you do sign one, call an attorney as soon as the NEGLECT happens - so they can assist in revoking the agreement.
AND, if the facility refuses to admit your loved one if you do not sign the agreement - ask to speak with the owner. You will likely be able to re-work the contract, and perhaps agree on some other terms. QUESTIONS - call our firm, and we will try to help!
For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.