TITLE: Don’t Let A Nursing Home Trick You Into An Arbitration Agreement with Jocelyn Bogdan
David Terry, Jocelyn Bogdan
In this episode, host and lawyer David Terry talks with Jocelyn Bogdan of The National Consumer Voice for Quality Long-Term Care about mandatory arbitration clauses contained within admission agreements of nursing homes.
Listen and learn more about:
· What Consumer Voice does nationally to protect and empower nursing home residents.
· What is Arbitration in general. When is arbitration good and when is arbitration bad.
· What is a pre-dispute mandatory arbitration agreement in the context of nursing home admissions.
o Be careful because you may be signing away your rights and the rights of your loved ones to hold the company accountable for negligent conduct.
· What kinds of nursing home injuries do mandatory arbitration clauses cover?
o Varies state by state but signing an admission agreement at a nursing home that contains an arbitration provision means you could be giving up your right to file a lawsuit from ANY injury that occurs from neglect or even abuse.
o David and Jocelyn briefly discuss the case of a nun who was sexually assaulted at a nursing home who had no recourse to bring a lawsuit because of an arbitration agreement she had signed. (See link to Time Magazine below)
· Why does the Nursing Home industry want arbitration agreements in their contracts?
o Arbitration favors the repeat customers (the nursing homes)
o Arbitration awards are generally more favorable to nursing homes
o Many injured parties are priced out of arbitrations
o There is less discovery in arbitration.
o News about the wrongdoing that takes place at nursing homes are more likely to remain confidential during an arbitration than a lawsuit.
· How does the Nursing Home Industry get people to sign arbitration agreements if they are so bad?
o Failure to disclose the arbitration agreement
o Failure to explain the arbitration agreement
o Lack of understanding by the signer
o The person signing the admission agreement is at one of the lowest points of their life and not thinking clearly.
· When faced with a nursing home admission contract that has an arbitration clause, what do I do?
o YOU DO NOT HAVE TO SIGN THE ARBITRATION AGREEMENT
o Nursing homes cannot make signing the arbitration agreement a requirement to being accepted for residency at the facility.
o Put huge X through it and write NO ARBITRATION
o Always, always, always get a copy of the entire admission agreement that you have signed the day of admission.
o Consider using a phone app to record the admission process so you have proof of what is said. (Get consent from everyone in the room and check your local/state laws before recording!)
An 87-Year-Old Nun Said She Was Raped in her Nursing Home. Here’s Why She Couldn’t Sue.
LEARN MORE ABOUT
Contact No: 314-878-9797