Nursing Home Arbitration Agreements and What They Mean?

It's becoming common practice that patients upon being admitted into a nursing facility are required to sign a form that waves their right from litigation and obligates them should they want to proceed into an arbitration. And arbitration is a form of binding alternative dispute resolution that does not involve a jury. It does not involve a judge. It does not involve a courtroom. What you should be is very hesitant to sign an arbitration agreement. And if a nursing facility requires you to sign one, you certainly have the right to contact an attorney before you do. And if you've signed one and you're concerned about having just signed it, you certainly would also have the right to contact an attorney to discuss your rights.

What is an Assisted Living Facility and are They Merely Landlords?

An assisted living facility is a facility that more often than not houses older adults to permit them to have independence with a heightened degree of supervision. They are not merely landlords, and they do have an obligation to protect the individuals living there from foreseeable and avoidable injuries, such as wandering off or repeated falls. In the event that you have a loved one who has sustained this type of injury, they may have needed to have been transferred to a nursing care center where there's 24 hours days, 7 day a week care. You should, if you believe a loved one's been injured, contact an attorney.

What is an Unavoidable Injury in a Nursing Home Case?

An unavoidable injury is usually a defense to a claim of formation of decubitus ulcers when an action has been brought against the hospital or nursing care center. Essentially, the hospital or the nursing home center is claiming that the patient was so sick that there was nothing that could have been done to avoid the injury. More often than not, in fact, in my experience, it's never been established that that center, the hospital, or the nursing care center, has done every single form of treatment available to that patient to prevent the injury. Therefore, you can't establish that it was unavoidable because you haven't been able to show that you've tried to prevent it in every single way possible.

What is the Difference: Assisted Living Facility and a Nursing Home?

An assisted living facility provides a heightened degree of independence, while still offering supervision, more often than not, to elderly people who live in that facility. A nursing care center provides 24 hour a day, 7 day a week nursing care that can, if necessary, support or provide the basic needs of every day living, from administration of medication and bathing to feeding and all other requisites for an individual.

What Types of Injuries are Avoidable in an Assisted Living Facility?

If you have any suspicion that your loved one has been injured in a nursing home or an assisted living facility, you should contact a lawyer immediately. Essentially if the injury or the accident is foreseeable, it should have been avoided. You shouldn't have patients having multiple falls inside of a facility. I certainly think a Decubitis also or a pressure sore is avoidable. When you have issues of patients not receiving appropriate amounts of medication, that is an avoidable injury. Whenever you have a question, you should contact a lawyer.

Suspect That a Family Member is Being Abused in a Nursing Home?

Like many other people, I have had family members who have been patients in nursing homes. I wanted to make sure my loved one was receiving the best care that they could. If you ever are suspicious of the treatment your loved one is receiving, if they have unexplained bruises, if they've fallen multiple times, or make complaints about the care they're receiving, you should be suspicious.  You certainly have the right to question the staff as to what occurred, and you certainly have the right to contact an attorney, who can assist you in investigating whether or not your loved one is in fact receiving the care they're entitled to.