A recurring issue in cases involving injuries to patients or residents of nursing and rehabilitation facilities is the existence of and the importance to the case of agreements to arbitrate any disputes that arise from the admission. These agreements cover physical injuries that may befall a patient during their admission to the facility. This article will address a number of the legal issues that arise from the now common practice of nursing and rehabilitation facilities requesting patients to execute arbitration agreements at the time of their admission to the facility.

The Usual Scenario

The typical situation involves a person being admitted to a nursing or rehabilitation facility after either a surgery/illness or for long term care. At the time of admission, along with multiple other documents, the patient or a family member is typically asked to sign an agreement setting forth that the patient agrees to arbitrate any dispute arising from the admission, usually with a specified dispute resolution entity. If a patient signs such an agreement she may thereby relinquish her right to have her claim decided by a jury. Often at a later date, the patient or family does not even recall signing such an agreement. Thereafter, the patient suffers an injury allegedly due to the negligence of the facility or its staff (common injuries in these types of cases involve falls and severe pressure ulcers (bedsores), but also often involve other injuries resulting in death. The patient or her family then consults an attorney because of the injury to or death of the patient. One of the first questions that an attorney who is consulted about an injury taking place in a nursing or rehabilitation facility is whether the patient or a family member signed an arbitration agreement.