Filing a Negligence Claim & Prosecuting an Elder Neglect Case – the Process
Opting Out of Mandatory Arbitration Provisions
In an attempt to limit the rights of patients, many large nursing home chains use mandatory arbitration provisions in which the resident agrees not to file a lawsuit in Court. Most residents do not even realize they have signed such paperwork, given the large amount of paperwork completed upon admission. Often these agreements are signed by patients who are ill or demented.
Mandatory arbitration clauses have been increasingly used in the Trump administration after they repealed an Obama era regulation prohibiting such practices.
Some states, including Virginia, allow one to opt out of such a provision within 60 days of sustaining an injury or within 60 days of one’s appointment as administrator of the Estate. Given these time limitations, if you have a case in Virginia, you should contact a nursing home attorney as soon as possible to evaluate your opt out options.