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Friday, January 27, 2012

Are You or a Loved One Considering a Nursing Home?

Or an assisted-living facility? Aside from the various contracts and ways to pay for it that most nursing homes offer, (which all need to be carefully reviewed for your best financial approach) you need to be aware how DISPUTES with the facility are to be handled.  

DO NOT ASSUME THAT YOU CAN HIRE A LAWYER AND FILE A LAWSUIT IN COURT WITH A JUDGE AND JURY TO HEAR YOUR CASE.  In fact, you may NOT be able to do that, and, you may be required to submit any disputes or claims to ARBITRATION.  In this instance, neither side can go to court, but must let an arbitrator or panel of arbitrators decide the case.

Many feel that this process unfairly protects the nursing facility from publicity of claims with no "jury of your peers" deciding factor.  Many people feel juries are more inclined to rule with an injured patient than arbitrators who are professionals who may be routinely involved
with nursing homes in such cases.  

As with any contract, before entering a facility, "read the fine print" and know your rights.  Many courts have upheld such arbitration clauses in nursing home and assisted living contracts.  We can help advise you in such cases.  Call us today 800-468-8736!