Arbitration agreements are increasingly common in nursing home contracts. Arbitration agreements stipulate that if there is a dispute between the nursing home resident and the nursing home facility, it must be handled via binding arbitration rather than in a court of law. This can make it difficult for plaintiffs to pursue legal action to obtain full compensation in cases where a nursing home has failed to live up to patient obligations.
Arbitration agreements can seriously curtail the rights of nursing home residents, and are part of an effort by nursing homes to reduce the potential risk of liability they face. In other words, instead of stepping up and making sure that the homes actually do right by patients, nursing homes are instead trying legal tricks to make it harder for plaintiffs to get damages after they are hurt.