Nursing Home Arbitration Agreements
Have you recently found yourself or a loved one in a San Antonio nursing home? If so, the facility might have already tried to pressure you into signing one of their nursing home arbitration agreements. If you are presented with such documents, our San Antonio nursing home arbitration lawyers are here to guide you to the best decision for you and your family. To be sure your best interests are at heart, do not sign anything before knowing the facts and speaking with one of our local, expert attorneys.
Nursing Home Arbitration Agreements Q & A:
Q: What is the purpose of a nursing home having you sign an arbitration agreement?
A: Most nursing homes especially large corporate facilities want clients to sign such agreements to prevent clients and their families from being able to sue the facility in the event of abuse or negligence.
Q: Am I required to sign such documents?
A: No. In the state of Texas, you do not have to enter into an arbitration agreement to become a resident of a nursing home. If the staff of a nursing home facility persists in making you sign such an agreement, please contact one of our San Antonio lawyers before signing the agreement for further assistance.
Q: The facility has explained to me that nursing home arbitration agreements are standard practice and it is in the best interest of both parties because it helps resolve disputes faster and helps keep litigation costs down. Is that true?
A: While it is true that an arbitration agreement helps solve these issues for the nursing home facility, the agreement also significantly lowers the award amount you would receive. By contacting one of our San Antonio attorneys, you enable yourself to maximize your award amount.
Q: What if I have already signed an arbitration agreement?
A: San Antonio nursing home arbitration agreements are common and many lawyers will not help litigate your case if they know one has been signed. However we here at Carabin & Shaw are here to help fight for the justice you and your family deserve. Contact our office today so we can review your case and see how we can assist you and your loved ones.
Q: What are some reasons an arbitration agreement could be found to be invalid?
A: Under Texas Civil Practice and Remedies Code Section 74.451 a prospective patient must be made aware via written notice in a 10-point boldface type clearly stating:
UNDER TEXAS LAW, THIS AGREEMENT IS INVALID AND OF NO LEGAL EFFECT UNLESS IT IS ALSO SIGNED BY AN ATTORNEY OF YOUR OWN CHOOSING. THIS AGREEMENT CONTAINS A WAIVER OF IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY. YOU SHOULD NOT SIGN THIS AGREEMENT WITHOUT FIRST CONSULTING WITH AN ATTORNEY.
This is why when choosing a nursing home for yourself or a loved one, a seasoned San Antonio attorney should be by your side to be sure you know your rights and how to best protect you and your families best interests.
Texas has over two and a half million residents over the age of 65. Unfortunately one in ten Americans over the age of 60 has experienced a form of elder abuse, making nursing home neglect quite common. While it is a natural part of life to age, it is unnatural to be abused and neglected. When the time comes to leave your loved one in the care of a nursing home facility it is your duty to be sure it reaches certain standards so as to give you the peace of mind knowing your loved one is in good hands and being well taken care of.
When selecting a suitable living facility for your loved one to retire at please call Carabin & Shaw toll free at 1.800.862.1260 before signing any agreements so that we may ensure you and your family members best interest is at heart. Remember even if you have already signed such an agreement our team is prepared to work eagerly to try and be sure your needs are still met. We are available to speak to you anytime and anywhere. And look forward to serving you and your senior loved one.