Articles Posted in Nursing Home Issues

Placing a loved one in a Virginia nursing home is not an easy decision. On the one hand, it can be difficult if not impossible to provide the level of care that aging loved ones need. However, choosing which Virginia nursing home to trust with your loved one’s safety can also be a difficult decision, especially given the reputation of nursing homes in general.

GavelWhile most Virginia nursing homes are staffed with caring workers and provide a good quality of life for residents, one does not have to look far to realize that is not always the case. In fact, it is estimated that more than 1 in 10 residents experience some form of physical abuse or neglect at some point in their stay. Of course, in the event of nursing home abuse or neglect, the nursing home can be held responsible for any resulting injuries.

That being said, holding a Virginia nursing home responsible for a loved one’s injuries can be tricky for a number of reasons. First and foremost, most nursing homes include an arbitration clause in their pre-admission contracts, requiring that any claims be resolved through binding arbitration rather than through the court system.

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One of the most hotly debated issues in personal injury law is the enforceability of arbitration contracts in cases against nursing homes and assisted living facilities. These clauses, when enforceable, prevent victims of Virginia nursing home abuse or neglect from filing a complaint in a court of law, and they require that they resolve the claim through binding arbitration.

ContractArbitration in and of itself is not necessarily a bad thing. However, the fact that nursing homes are able to choose the arbitrator who will hear the case leaves many wondering whether the forum is as neutral as it is claimed. There are other problems with arbitration clauses as well. For example, many times, they are buried deep in paragraphs of small text, making it unlikely that someone will see and understand what exactly they are giving up by agreeing to arbitrate their future claims.

For these reasons, courts across the country have expressed a hesitancy to enforce some arbitration clauses. However, a court will enforce arbitration clauses in some cases, especially when the clause is clearly designated, the person signing the agreement was of sound mind, and the clause itself is not substantively against public policy. A recent case illustrates the type of clause that may be upheld by the courts; however, it is important to realize that these cases are decided on a case-by-case basis, and even the most seemingly insignificant difference in facts can result in a different outcome.

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