Looking for a Nursing Home for Your Loved One? Consider the Impact of Forced Arbitration

BOISE and NAMPA, Idaho. There are many factors you and your loved ones should consider when selecting a nursing home. Safety, staff, location, and quality of activities are often considered. However, families may not be aware that they could be signing away important rights when their loved one enters a nursing home. According to the New York Times, arbitration clauses in some nursing home contracts may limit a family’s right to sue the nursing home if their loved one is hurt while in the home’s care. Forced arbitration may limit the nursing home from certain liabilities and may limit family’s rights to pursue a lawsuit in court. If your loved one was personally injured in a nursing home, or suffered from nursing home abuse, a personal injury lawyer in Boise or Nampa, Idaho may be able to help you. The Law Office of Johnson & Lundgreen,P.C. in Boise offers compassionate and caring counsel to families who may have been affected by nursing home abuse and neglect.

The New York Times claims that forced arbitration clauses limit the rights a family may have to sue a nursing home if their loved one was hurt. The government has not banned arbitration clauses in nursing home contracts. While nursing homes are required to explain the clauses, and ensure that the clauses don’t prevent a person from gaining admission, families may still sign the clauses, not aware that they are giving up rights in the process. Families may also not have the information they need when they are signing the forms to make informed decisions about whether or not they should sign.

So, what should families do to protect themselves? Here are some things to consider when choosing a nursing home for your loved ones:

1.      Check out the menu and eat the food. Food is a big part of your loved one’s life. If the food isn’t good at the nursing home, this could not only be indicative of deeper problems involving care, but it could also lead to unhappiness.

2.      Check for odors. Occasional odors may not be a sign of a problem. However, if a home smells like it hasn’t been cleaned in a while, this could be a problem.

3.      Ask about staff schedules. If staff work double shifts regularly or if they are asked to work more overtime, this may not be a good thing for your loved one. According to AARP, overworked staff are stressed staff. Stressed individuals are more likely to make mistakes, be neglectful, or be verbally or physically abusive.

4.      Ask the home how falls are handled. Falls can happen even in the best of nursing homes, but how the staff reacts can make a difference between your loved one receiving the care he or she needs and deserves. Was your loved one checked for injuries? Does the nursing home contact family about falls?

5.      Speak to a lawyer before signing away your rights or agreeing to arbitration clauses when signing nursing home contracts. Make sure you read through all contracts and understand what you are signing. You never know what disputes or issues could arise, even in the best of nursing homes.

If your loved one was hurt in a nursing home you may be entitled to receive compensation for pain and suffering and medical and rehabilitative care. Visit johnsonandlundgreen.com, personal injury lawyers in Boise and Nampa, Idaho to learn more about your rights.