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What Virginians need to know about nursing home arbitration agreements

If you are reviewing the contract for a Virginia nursing home or if you suspect a case of nursing home abuse or neglect, you may come across the term “arbitration”. It is probably buried in the stack of papers you were asked to sign by the nursing home, even for just a short-term stay.

What is a Virginia nursing home arbitration agreement?

An arbitration agreement is a contract that requires you to settle your claims or complaints against the nursing home by going to an arbitrator – not through a lawsuit or jury trial. In fact, if you sign a nursing home arbitration agreement, you can lose your rights to a jury trial and there may be a cap to how much compensation you can receive.

Key point: If you suspect your Virginia nursing home of abuse or neglect, be warned that an arbitration agreement can keep you from taking the nursing home to court. It is in your best interest to speak with a skilled nursing home attorney about your case, to ensure that you are not taken advantage of by the arbitration agreement.

Why do nursing homes like arbitration?

Arbitration agreements are great business decisions for Virginia nursing homes. The goal of arbitration is to keep you from taking your case to court before a jury, and getting a big award. One 2009 study showed that a nursing home settlement from arbitration is on average 37 percent lower than the amount you would receive through a lawsuit. No wonder Virginia nursing homes want patients and their families to agree to arbitration agreements!

Key point: Virginia nursing homes aren’t the only facilities that use arbitration agreements. Be on the lookout for these documents with assisted living facilities, home care providers, and other long or short-term care facilities. In fact, many businesses use them to control costs and keep their clients from getting their day in court!

Not only do arbitration agreements save nursing homes money, but more often than not the nursing home gets to pick who does the arbitration. That’s right, you could be stuck negotiating with somebody on the side of the nursing home!

Virginia nursing home abuse & neglect victims: don’t lose out on justice and meaningful compensation

Nursing homes guilty of allowing nursing home abuse or neglect to occur on their properties must be held accountable. If you or your abused family member is suffering greatly after the abuse or neglect, please contact our office to speak with one of our skilled nursing home abuse and neglect attorneys. A lawyer can make all the difference in your case, and can make sure you are not taken advantage of – even if you have a signed arbitration agreement.

You can reach our experienced, compassionate nursing home abuse attorney in the Norfolk / Virginia Beach / Chesapeake area by calling our office today. We will handle your situation discreetly and with compassion.




Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Email: info@weislaw.com
www.weislaw.com