Stark & Stark Associate Eric D. Dakhari, member of the Nursing Home Litigation Group, authored the article Momentum Builds Against Use of Predispute Arbitration Clauses in Long-Term Care Admission Agreements, which was published on NJ.com on November 20, 2015.
The article explains one of the dangers sometimes hidden inside nursing home admission statements: predispute binding-arbitration clauses. This is so dangerous because it allows nursing-home corporations to sidestep the civil-justice system if families attempt to file lawsuits against substandard care. This has the double effect of not only preventing these claims from being litigated in New Jersey Superior Court, but also preventing any of these records from being made public and readily accessible.
Arbitration clauses are often written in complicated legal jargon that the average person wouldn’t typically recognize, and they’re typically buried in admission papers. The resident and their family are in the midst of an extremely emotional and delicate decision, so the last thing on their mind is how they would want to handle a hypothetical legal dispute that may or may not occur in the future.
Mr. Dakhari adds, “Momentum is continuing to build for the fight to rid our society of predispute arbitration clauses in long-term care agreements. Before you sign an admission agreement for yourself or your loved one, you are urged to have it reviewed by experienced legal counsel.”
To read the full article, please click here.