Mandatory arbitration agreements are included in many nursing facilities’ contracts. The federal government said at the end of last year that they were going to outlaw these agreements because, as you will see later in this article, they can be a big problem. Why? because the government was asked to do so by more than 50 different medical, legal, labor, and consumer organizations.
These requests have the support of 34 senators from 15 different states plus Washington, D.C. What are they seeking? They desire the outlawing of pre-dispute arbitration. We at the Law Offices of Fernando D. Vargas must concur. If someone suffers a personal damage, they should not be denied the ability to file a lawsuit. Contact Law Offices of Fernando D. Vargas at 909-982-0707 if you or a loved one has suffered injury due to another party’s negligent behavior.
An illustration of the issue with arbitration
Let us look at one instance, the Virginia Cole case, to further grasp the issue with arbitration. She discovered she could not continue to give her husband the level of care he needed as the dementia’s symptoms grew worse. He lost more than 20 pounds in his first two weeks at the nursing home, which astonished her. She had checked him into the facility. He had gotten incredibly dehydrated before he fell into a coma, it was determined.
While the hospital he was in did raise his fluid levels, his initial dehydration never completely subsided. In a month, he passed away. Even though a wrongful death claim may seem inevitable, nursing homes frequently require their caregivers to sign legally binding agreements requiring them to submit any potential claims to arbitration. As a result, the facility will never have to go to court.
Which is worse? The expense of engaging private arbitrators is the plaintiff’s responsibility. Arbitrators’ fees in Virginia Cole’s case were more than $60,000. Despite winning her lawsuit, she received just $20,000 for her husband’s passing after paying for her portion of the arbitration.
Dementia patients are greatly at risk
Elder abuse can happen to any senior, but those with dementia are more likely to experience it. In fact, a research found that abuse of some kind affects nearly half of those with dementia. These results have been supported by other investigations.
You have choices
Even while we at the Law Offices of Fernando D. Vargas are pleased that the federal government is taking some action, we are aware that the struggle to safeguard our loved ones will never end. The Law Offices of Fernando D. Vargas is the legal team to rely on if your loved one has experienced abuse or if you have another kind of personal injury claim in the state of California. Call us right away to schedule your free consultation at 909-982-0707. In trying times, you can count on us to uphold your rights.
