CHICAGO, IL – In many parts of the country, including here in Illinois, if a loved one needs a nursing home, there may not be many options, especially if they need a specialized nursing home. When you admit your loved one, you sign a series of papers, but do you know what rights you still have? One paper the nursing home may be sneaking in is an arbitration agreement.
What’s an arbitration agreement?
An arbitration agreement states that if you have a legal claim against the nursing home, including if the nursing home abuses or neglects your family member, you cannot go to court to sue — you must go to arbitration.
Arbitration has no jury and your case will be heard before an arbitrator, not a judge. Your right to get certain information and evidence that you may need to prove your case is also limited by the terms of the arbitration rules which are different than the rules you have in a traditional court.
You can refuse to sign an arbitration agreement, but it’s likely your family member won’t get admitted into that nursing home.
Enforcing a previously signed arbitration agreement
Generally, arbitration agreements are enforceable by Illinois courts. In the realm of healthcare, including nursing homes, courts will look much more strenuously at these agreements which gives victims an avenue to argue that the arbitration agreement shouldn’t be enforced.
Courts will also look at how clear the arbitration provision was. Some provisions of the nursing home agreement may have to be discussed with the patient or the patient’s family.
Contacting a nursing home abuse and neglect lawyer in Illinois
The signs of elder abuse can sometimes be subtle. If you have a loved one that you feel was abused or neglected in their Illinois nursing home, get help today from the attorneys at the Dinizulu Law Group. Our nursing home negligence attorneys work closely with families in Chicago, Illinois to help them seek justice for the losses following instances of elder abuse or neglect. If you believe your loved one has suffered because of negligence or abuse on the part of a nursing home, the Chicago nursing home negligence lawyers are here to help you! Fill out this form or call (312) 384-1920 for an initial consultation.
