Arbitration agreements are separate documents that nursing homes may ask you to sign alongside the admission agreement. Arbitration is a private process where a neutral third party – called an arbitrator – assesses both sides of a dispute and makes a binding decision. These agreements state that you and the nursing home must settle any disputes, including claims of neglect or injury, through this process instead of going to court.
Take note that this does not necessarily prevent you from filing a claim. You still have the right to seek compensation for any harm the nursing home’s negligence has caused. However, if you’ve signed a valid arbitration agreement, you will have to resolve your claim through arbitration rather than in a traditional court setting. This change can affect how you present your case, the rules of evidence that apply and potentially the outcome of your claim.
What you need to know about arbitration agreements or clauses
California law has strict requirements for these agreements when it comes to nursing home admission. Arbitration agreements must:
- Be separate from the standard admission agreement
- Not be required as a condition of admission
- Include specific notices in bold, red type if the arbitration agreement also covers medical malpractice issues
- Be in a language the resident or representative understands
- Notify that the patient may not waive their ability to sue for violation of the Patient’s Bill of Rights
If you’re faced with an arbitration agreement or are in a situation where one might affect your rights, it’s important to review the agreement thoroughly before signing. Don’t hesitate to ask your attorney to explain anything you don’t understand. Remember, you can refuse to sign the arbitration agreement without affecting you or your loved one’s admission.
If you’ve already signed, you can take back or cancel the agreement within 30 days. You also have the right to file complaints with state agencies regardless of any arbitration agreement.
These agreements don’t have to be a barrier to seeking justice
If you’re unsure about your rights or options after signing an arbitration agreement, seek the advice of an attorney. They can assess your case, explain how arbitration might affect your claim and help you explore potential paths forward.
