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.