27 Jan 2021

By THE702FIRM Injury Attorneys

In Nursing Home Abuse

Making the decision to admit a family member into a nursing home is never easy. It’s an emotional process. It also involves filling out a lot of paperwork before you or your loved one gets settled in.

One document that is commonly presented to incoming nursing home residents is a pre-dispute arbitration agreement. Be careful when reading this form. If you sign it, you could be signing away your rights to take the nursing home to court if they are negligent or abuse your loved one.

If you or someone you love is the victim of nursing home abuse in Las Vegas, let an elder abuse lawyer at THE702FIRM Injury Attorneys review your case. We can read the fine print and determine what legal actions you can take to hold the facility or its workers accountable for their negligence.

With proper legal representation, you can protect the health and safety of nursing home residents in Nevada and seek compensation for your injuries. Call or contact us today for a free consultation.

What is a Pre-Dispute Arbitration Agreement?

A pre-dispute arbitration agreement is a contract requiring that any disputes that arise between the nursing home resident or his/her family to be resolved through arbitration — before the nursing home has even done anything wrong.

Arbitration takes place outside of the courtroom and any decisions made are considered legally binding. The decisions are also confidential. By signing a pre-dispute arbitration agreement, you give away your rights before you even know if you have a potential personal injury lawsuit on your hands.

Arbitration agreements are sometimes presented within a package of paperwork, while other times they are presented on their own. It is always important to understand any paperwork you are signing, and you should never sign a legal contract without first talking to a lawyer to understand the implications.

Why You Should Say “No”

Arbitration agreements do not protect the interests of the person being admitted into the nursing home or his/her family. They are intended to protect the interests of the facility, and there are many reasons you should never sign one.
Arbitration does not involve a trial. Neither a judge or jury are involved and an arbitrator settles the dispute. Due to the fact that arbitration is not a trial, the strict rules of evidence do not apply. The nursing home can present evidence that might normally be considered inadmissible in court, and the arbitrator can take it into consideration when making a decision on your case.

What if the Arbitration Agreement is Mandatory?

A nursing home representative may tell you that it is mandatory for you to sign the arbitration agreement, but they have no right to do so. Under federal law, nursing homes cannot refuse to admit you or your loved one because you refused to sign an arbitration agreement. If you have already signed an arbitration agreement, you are allowed 30 days to void the agreement under the law.

Is THE702FIRM Injury Attorneys Right for Me?

If you are admitting yourself or a loved one into a nursing home, the Las Vegas nursing home abuse lawyers at THE702FIRM Injury Attorneys can ensure that it’s done right. We will review any paperwork the nursing home asks you to sign, inform you of your rights, and protect them at all times. If you already signed a pre-dispute arbitration and are now the victim of abuse or neglect, we can also look at your legal options under Nevada law.

Nursing home residents should be treated with dignity. That’s what you’ll get at THE702FIRM Injury Attorneys. Call us today or contact us online for a free case review.