Binding Arbitration Nursing Home Abuse Agreements Deprive Consumers of their Right to Jury Trial

Written by Adam Peck Category: Arbitration Agreements December 4th, 2014 2 min read

Binding Arbitration Nursing Home Abuse Agreements Deprive Consumers of their Right to Jury Trial

Binding Arbitration Agreements

Arbitration Agreements: Never, never, never I mean never sign them. Do not release / give up your constitutional right to a jury trial. Cannot ever be used as a basis to not admit a patient to a long term care facility.

By signing a binding arbitration agreement, you give up your constitutional right to go to court if a dispute arises in the facility, even if it involves abuse or neglect. There is no right to appeal a decision made through binding arbitration. indicates California Nursing Home Abuse lawyer Steven Peck

Nursing homes cannot require you to sign an arbitration agreement and cannot present an arbitration agreement as part of the Standard Admission Agreement. (California Health & Safety Code §1599.81, Title 22 California Code of Regulations §73518). Any arbitration agreement shall be separate from the Standard Admission Agreement and shall contain the following advisory in large, bold type at the top of the agreement:

Residents shall not be required to sign this arbitration agreement as a condition of admission to this facility, and cannot waive the ability to sue for violation of the Resident Bill of Rights.

Residents and their legal representatives can rescind an arbitration agreement by giving written notice to the facility within 30 days of their signature. (California Code of Civil Procedure §1295)

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.