Articles Tagged with Nursing home abuse Boca Raton

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Admission to nursing homes in Florida is increasingly coming at a great cost, not just to residents’ bank accounts, but also to their rights. 

Many new admissions or their family members are being “asked” to sign mandatory arbitration agreements, typically included in the mounds of other necessary paperwork completed before a care agreement is reached.

Mandatory arbitration agreements are legal contracts in which patients and/or their loved ones agree any dispute or disagreement related to care will be raised before an arbitrator, rather than in civil court before a judge. The process is typically advantageous for nursing homes because rulings are mostly in their favor and even when damages are awarded, the amount is typically far less.

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Anyone who has ever assisted an elderly relative likely endured the process of signing or reviewing stacks of admission paperwork. And most probably, somewhere in that stack, was an arbitration agreement.

These agreements have become standard in many areas of commerce, and nursing home care is apparently no exception. In fact, it’s the norm.

Recently, the Consumer Financial Protection Bureau issued an Arbitration Study, reporting to Congress on the issue of mandatory arbitration agreements. Although the research focused primarily on mandatory arbitration agreements for things like checking accounts, credit cards, payday loans, cell phone contracts and student loans, the bottom line was that arbitration clauses – which require consumers settle disputes before an arbitrator, rather than a judge in court – were detrimental to consumers.

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