Arbitration Agreements—A dangerous tool for Nursing Homes
Nursing Homes attempt to unlevel the playing field by imposing harsh, one-sided arbitration agreements as part of the admission process to a nursing home. When a family member admits a resident to a nursing home, usually they are in desperate need of finding a location where their loved one can get the care the family can no longer provide. So, when arbitration agreements are presented on a take-it-or-leave-it basis, many times family members sign away their resident’s right to a jury in an effort to secure much needed nursing care.
What happens next is even worse. Nursing Homes then attempt to enforce arbitration, even when the arbitration agreement is not valid. Often, when the trial court strikes down the agreements, they attempt to tie the parties up in a lengthy appeal process. If arbitration is valid, nursing homes often seek to impose arbitrators that are friendly to the nursing home facilities. The arbitration process in the context of healthcare is in need of massive reform and is a minefield for nursing home residents and their families. The attorneys at Williams Newman Williams fight these nursing home arbitration agreements everyday, often making new, good law for nursing home residents in Mississippi.
Other tricks that nursing home defense attorneys try is to remove the corporate defendants so as to protect their pockets from responsibility. Other tricks are to hide nursing home money and claim they are “near-bankruptcy.” Other tricks are improper removal to federal court of cases.
The attorneys at Williams Newman Williams have a nursing home litigation team that is 100% devoted to nursing home cases, handling a large number of nursing home cases in the state of Mississippi. We are very familiar with the tricks these nursing homes try during the litigation process. These attorneys know how to steer your family through the minefield of litigation in a very specific and technical area of the law.
Paul Williams and Courtney Williams practiced nursing home defense law for years. These attorneys are very familiar with the oft-familiar tricks tried by defense attorneys and will stop them from happening to your family. It is very important to bring your nursing home case to a firm that not only practices in this area, but concentrates in this area every single day of the week.
The Process of Hiring an Attorney and Steps Following Hiring:
- First, you call the attorneys at Williams Newman Williams and tell them about your case, free of charge.
- Then, these attorneys will gather the necessary medical records, including both hospital records and nursing home records.
- These attorneys will then ensure these records are reviewed by a team of medical and legal experts.
- Once these experts determine liability is present, a notice of intent to file suit is filed. This is a document required by the State of Mississippi that provides the nursing homes with 60 days notice of a future filing of a lawsuit. If this notice is not filed, then your case can be dismissed.
- Along with this Notice, often a demand letter is sent to determine what settlement options exist at the early stage before a Complaint is filed.
- Once the 60 days runs on the Notice of Intent, a Complaint is then filed and served.
- Once a Complaint is filed, a scheduling order is put into place determining an end-date for your lawsuit, namely a trial or arbitration date.
- During the next months, discovery requests are sent to the nursing home, where the nursing home has to provide incident reports, statements, floor plans, personnel files, in-services training materials, budgets, census and schedules, as well as many other documents.
- Depositions commence with the employees involved in the negligence being deposed by the Plaintiff.
- Experts depositions occur and motions are filed.
- Then the case is ready for arbitration or trial. This is the stage where 90% of cases settle.
- If the case is unable to settle, then an arbitration or trial commences. The experienced attorneys of Williams Newman Williams will walk you through each step of a trial or arbitration, making it a painless process for the family.
None of these steps involve any expense paid by the family. Williams Newman Williams is only paid if we collect for You.
Important Information for You to Know:
- Mississippi has certain minimum standards for nursing home facilities. These must be followed and can be found right here: https://msdh.ms.gov/msdhsite/_static/resources/119.pdf
- The federal government has also imposed minimum standards which also must be followed and can be found right here: https://www.ecfr.gov/cgi-bin/text-idx?SID=f64b6edcc2b2ee52bf5de8e19a340569&mc=true&node=sp42.5.483.b&rgn=div6
- You can go to the Mississippi Department of Health website and find the surveys for the nursing home your loved one resides within. These surveys are listed on the website and are a valuable resource for determining what each particular nursing home has been cited for by the State of Mississippi as well as complaints made by family members that warranted investigation.
- The Mississippi Department of Health also has important information about the nursing home facilities, including their star rating as well as the ownership information.
