When it comes to admitting yourself or a loved one into a nursing home, it’s never easy. The last thing that you are worried about is which documents you should or should not sign.
One thing that will often be given to you during the admission process is a “Pre-Dispute Arbitration Agreement.” This is an agreement that takes away your right to hold the nursing home accountable in court for any wrongdoing or negligence.
First off, it’s important to know that “disputes,” meaning “events in which one is harmed,” are not bound to happen in nursing homes. But if they do –– you deserve the right to defend yourself and your loved ones.
Disputes may include:
- Having money or belongings stolen.
- Developing bed sores or bruises.
- Injuries resulting from falls, including broken bones or fractures.
- Being given the wrong dosage of medication or missed medication.
- Any other form of neglect.
- Being sexually harassed and/or assaulted by a staff member or resident/visitor. Please remember: the definitions of sexual harassment and assault are broad and can include any type of inappropriate speech, touching, or behavior.
- Being physically or mentally abused by staff or other residents. This includes teasing, name calling, and bullying.
When completing the intake paperwork, this agreement is often easy to miss, so it is important that you look through the contract carefully. Regardless of what the staff is telling you, we cannot stress enough:
- You do not have to sign this agreement.
- If you have already signed this agreement, you have 30 days to rescind.
- It is illegal for a nursing home to deny you discharge or admission if you choose not to sign it.
If you have already signed this contract and have concerns, please contact our office.
We have been representing clients who have been injured or neglected in nursing homes since 1976 and we would be honored to represent you or your loved one.
Davis and Davis
“ A Team Of Professionals Working For You!”