Daniel
J. Williams, Esq.
Recent
news out of Oklahoma shows why having competent
legal representation is important if you are looking for a nursing home for
a loved one. And, importantly, having such representation before making the choice of which nursing home to go with.
Many of
Oklahoma’s 300-plus nursing homes require potential residents to sign
arbitration agreements prior to their being admitted to the nursing home. The
arbitration agreement means that the family would be bound to arbitration if a
disagreement over care arose, which would effectively strip the family’s
ability to sue in court. And the damages awarded in arbitration would probably
be less than if a civil suit in court were filed.
Arbitration
is an alternative form of dispute resolution that takes place outside the
courts. While this method has its uses, it can limit the rights of victims of
elder abuse.
Other downsides
of arbitration in the case of potential nursing home abuse include: enforcing an
award to be paid can be more complicated, the proceedings can be made
confidential, which allows the nursing home to potentially cover up their
wrongdoings, and there are limited avenues for appealing a bad decision, among
other negatives.
If you
are considering putting a loved-one in a nursing home, you should contact a
knowledgeable elder abuse or elder law attorney to review any agreements the
nursing home might have you sign prior to admittance. Planning ahead of time
can help prevent possibly tragic situations of elder abuse; and, you can ensure
that if anything does go wrong, you will have legal recourse to seek justice
and compensation.
Even
if the state prohibits such arbitration agreements, as they do in Oklahoma,
nursing homes could argue that such agreements are permissible under federal
law. That is the argument the Oklahoma nursing homes have made.
You
can read more on this issue in The Norman
Transcript:
Daniel J. Williams is an Elder Abuse
Attorney with Fausone Bohn, LLP. The firm has former prosecutors and
experienced attorneys who can help you and your family right the wrongs done to
your loved one, whether it be nursing home abuse or financial exploitation.
Call the Metro Detroit Elder Abuse attorneys today, at (248) 468-4536, or visit
us
online at www.fb-firm.com.
online at www.fb-firm.com.
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