Legal agreements governing medical and nursing home care are an often overlooked estate planning issue. If you have a relative that requires 24-hour nursing care, you need to be aware of how certain actions may affect his or her legal rights. For example, many nursing homes insist their residents sign binding arbitration agreements. This means that in the event the resident is seriously injured or dies as a result of the facility’s negligence or malpractice, any claims must be submitted to binding arbitration.
The problem with arbitration is that it short circuits the normal discovery and trial process established by the California court system. Arbitration tends to emphasize speedy resolution of claims over justice. Depending on the type of arbitration clause and forum, victims and their families may not even be able to get honest answers about what happened.
30-Day Cancellation Period Does Not Protect Nursing Home Resident Who Died After 10 Days