Medical Malpractice Lawyers

Tip from a Cleveland Nursing Home Injury Lawyer: Be Cautious When Signing Documents

Any lawyer will tell you to be careful what you sign your name to on a dotted line, but a Cleveland nursing home injury lawyer will be especially wary. Ask Paul Ormand, who signed his father John Mitchell into a nursing home following a severe stroke in 1999. When his father suffered a bad fall and died as a result, only then did Ormand realize he had waived his right to sue when he signed the admission papers.

Ormand had unknowingly signed a mandatory arbitration agreement, which severely limited his right to sue the nursing home. Any complaint against the nursing home was required to be addressed through arbitration, not a court of law. “I thought it was deceptive, and I was pretty angry that I’d been tricked into signing something that I didn’t know what it was,” says Ormond told NBC news.

Arbitration agreements may nullify your right to file your grievance with a nursing home in a court of law. They are generally promoted as a way of saving on time and legal fees, and they typically do, but frequently favor the nursing home. Arbitrators are technically supposed to be free of bias, but those with a reputation of siding with patients are typically shunned in the industry.

Unlike court proceedings, which are public, arbitration agreements are subject to the laws of confidentiality and typically only in the interest of the nursing home. They essentially prevent families from filing for malpractice or suing the nursing home.

Before signing any agreements or contracts with the nursing home, first consult a legal representative specializing in nursing home injury. Be proactive in protecting your loved one before they are even admitted. It’s best to be prepared than to be sorry about it later.