Nursing Home Arbitration Agreements in Personal Injury Lawsuits

As families bring their loved one into a new nursing home, the last thing they are thinking about is the stack of papers that the facility is requiring them to sign. They have far more pressing consideration: health care, security, privacy, nutrition, etc. However, our group of advocates, the Rosenfeld Injury Lawyers, cautions families to watch out for arbitration agreements.

These documents, or clauses within documents, force you into arbitration in the event of a dispute. This means you will be unable to bring your claim to a jury or even a judge. Instead, you must plead your case to an arbitrator that is often already in line with the nursing home. There are other substantive and procedural hurdles that nursing home arbitration clauses present.

The important thing is that families understand them and now how to avoid them. We review these topics in more depth now. For further discussion, and a free, no-obligation review of your circumstances, call our nursing home abuse lawyers in Chicago anytime at (888) 424-5757.

The Meaning of Arbitration Agreements in Nursing Home Admission Paperwork

Arbitration agreements merely mean that parties have privately decided to settle disputes outside of the Illinois court system. Generally, this is a clause, provision, or section within a broader contract or agreement. Therefore, if a party takes issue with the other, they cannot bring a lawsuit in court. Rather, they have to privately negotiate or go through the official arbitration system. Normally, disputes that implicate arbitration agreements include controversies over breach of performance, mitigation of damages, or other contractual disagreements.

Arbitration Agreements in Illinois Nursing Homes

Illinois nursing homes frequently put arbitration agreements in their much larger residency contracts. Residents and their families often do not realize they are agreeing to that specific provision because it is embedded within many other clauses and provisions.

However, they should take not, because it has large ramifications on their to seek relief if they are injured there. Specifically, Illinois nursing homes use arbitration agreements to eliminate your right to seek redress through the court system and in front of a jury. They want to get on turf that they think will be more favorable: in front of a business-friendly arbitrator rather than a sympathetic jury.

Enforceability of Illinois Nursing Home Arbitration Agreements in Negligence and Wrongful Death Lawsuits

The Illinois Nursing Home Care Act ("NHCA") nullifies any agreements that removes a resident's right to jury trial for claims against the facility. In essence, Illinois state law allows still allow victims of nursing home abuse and neglect to go forward through the legal process. Yet, the problem arises with federal law. In Kindred Nursing Centers, L.P. v. Clark, the Supreme Court ruled that federal law (the Federal Arbitration Act) preempted state laws that allow valid agreements to be dismissed simply because it waives or removes a right to file a lawsuit.

Applied here, the apparent contradiction between Illinois and federal will render the former meaningless. Plaintiffs should expect that their agreements to arbitrate disputes with nursing homes will be enforced due to federal preemption precedent.

Illinois Nursing Home Arbitration Agreement FAQs

Speak With Our Nursing Home Lawyers Regarding Arbitration Agreements

Rosenfeld Injury Lawyers works with families considering nursing home options. We help them evaluate the agreements they must sign prior to moving their loved ones into such facilities. Our dedicated team helps them analyze these contracts so that they do not lock themselves into bad situations. Then, if trouble arises, our lawyers bring claims on their behalf to recover for nursing home abuse and neglect. Call us today at (888) 424-5757 to see what you can do. Take action to protect yourself and your loved ones.

Sources and Further Reading

• CMS prohibits forced arbitration for nursing home patients
• CMS Finalizes Rules on Nursing Home Arbitration Agreements
• Our New Nursing Home Arbitration Mandate: Educate, Educate, Educate