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Binding Arbitration Nursing Home Abuse Agreements Deprive Consumers of their Right to Jury Trial

Binding Arbitration Nursing Home Abuse Agreements Deprive Consumers of their Right to Jury Trial

Binding Arbitration Agreements

Arbitration Agreements:  Never, never, never I mean never sign them.  Do not release / give up your constitutional right to a jury trial.  Cannot ever be used as a basis to not admit a patient to a long term care facility.

By signing a binding arbitration agreement, you give up your constitutional right to go to court if a dispute arises in the facility, even if it involves abuse or neglect. There is no right to appeal a decision made through binding arbitration. indicates California Nursing Home Abuse lawyer Steven Peck

Nursing homes cannot require you to sign an arbitration agreement and cannot present an arbitration agreement as part of the Standard Admission Agreement. (California Health & Safety Code §1599.81, Title 22 California Code of Regulations §73518). Any arbitration agreement shall be separate from the Standard Admission Agreement and shall contain the following advisory in large, bold type at the top of the agreement:

Residents shall not be required to sign this arbitration agreement as a condition of admission to this facility, and cannot waive the ability to sue for violation of the Resident Bill of Rights.

Residents and their legal representatives can rescind an arbitration agreement by giving written notice to the facility within 30 days of their signature. (California Code of Civil Procedure §1295)

About the Author

Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.

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