The fight against Virginia nursing home arbitration agreements

Virginia courts are no stranger to arbitration agreements.  Many businesses, including Virginia nursing homes and assisted living facilities, use them to protect themselves from hefty lawsuits.  However, arbitration agreements – while good for businesses – are often bad for individuals.

 

If you signed an arbitration agreement, but now want to hold a Virginia nursing home or long-term care facility responsible for a case of abuse, neglect or wrongful death, you may be able to get out of mandatory arbitration.

 

Some issues with Virginia arbitration agreements:

• The arbitration agreement may not be upheld if the person who signed the arbitration agreement does not have legal guardian rights for the resident.  This can happen if a family member becomes incapacitated unexpectedly, and there is no power of attorney or legal guardianship paperwork in place.
• The arbitration agreement may not be upheld in court if the form was not completely filled out, for example the name of the resident was not included on the form.
• If you choose to fight an arbitration agreement in court, the outcome will depend heavily on the facts in your case.  Sometimes courts are willing to let you out of the arbitration clause, others are not.

 

The best thing you can do if you suspect your Virginia nursing home or assisted living facility of abuse, neglect or wrongful death is to reach out to a skilled attorney.  We have lawyers in Warrenton and Culpeper experienced in handling nursing home abuse and neglect cases, and we know how to fight mandatory arbitration.  Please contact us today for a confidential review of your case.