In an effort to streamline the injury claim process and remove some “juror uncertainty,” nursing home owners have started to encourage residents to sign binding arbitration clauses as part of their admissions paperwork. The Wall Street Journal has documented for some time how the practice has become more common in the nursing home industry. Unfortunately, many new nursing home residents who are signing these agreements are in positions of weakness at the time the clauses are executed. Many of the people who are signing these clauses may be in a weakened physical state or be in the beginning stages of dementia.
Nonetheless, the binding arbitration clauses appear to have some benefits for the nursing home industry. Studies indicate that as the number of nursing home complaints have risen, the money paid out per claim has significantly declined.
California law contains special arbitration provisions applicable to nursing home contracts in order to help protect vulnerable nursing home residents. A skilled nursing facility may not include an arbitration agreement as part of the standard agreement form. Any such arbitration clause must be separate from the standard admission agreement and must state in boldface type of not less than 12 points that “residents shall not be required to sign this arbitration agreement as a condition of admission to this facility, and cannot waive the ability to sue for violation of the Resident Bill of Rights.” California Health and Safety Code §1599.81(b); California Code of Regulations §72516(d).
Berman & Riedel, LLP is a San Diego based law firm that represents victims of elder abuse and neglect throughout the state of California. Regarded by many as one of California’s leading advocates for nursing home residents’ rights, the firm has successfully represented clients in some of the state’s worst cases of elder abuse and neglect, securing significant settlements and awards for such clients. This success is attributable to the vast experience and knowledge that each of the firm’s nursing home attorneys has in this complicated area of civil litigation.
If you have any questions or concerns regarding the care that an elderly loved one is receiving in a nursing home or other type of elder care facility, call Berman & Riedel, LLP today at (858) 350-8855. Our staff will happily provide you and your family with an initial free consultation to discuss with you what rights you and your family may have under California and federal law. To learn more about the firm’s elder abuse and neglect law practice, visit Berman & Riedel, LLP’s main website at www.preventelderabuse.com.
