What Are Arbitration Agreements in CO Nursing Homes?

When families choose a nursing home for their loved ones, they expect safety, dignity, and care.

Unfortunately, some nursing homes ask families to sign arbitration agreements, which can severely limit their ability to seek justice if neglect or abuse occurs.

These agreements are often buried in the paperwork and presented at a vulnerable time, making it easy for families to overlook the long-term consequences.

Understanding arbitration agreements, how to get them rescinded, and your rights is crucial if your loved one has been mistreated.

What is an Arbitration Agreement in a CO Nursing Home?

An arbitration agreement is a legal contract that requires disputes between the nursing home and the resident (or their family) to be resolved through arbitration rather than in court.

Arbitration is a private process where a neutral third party, called an arbitrator, decides the outcome of the dispute.

While this may sound reasonable on the surface, these agreements are often written to favor the nursing home, making it harder for families to seek justice for neglect or abuse.

By signing an arbitration agreement, families give up their right to take legal action in court, limiting their ability to fully expose the nursing home’s wrongdoing.

The Hidden Consequences of Signing an Arbitration Agreement

The implications of signing an arbitration agreement can be severe, especially when a loved one is suffering from neglect or abuse.

You might face hidden consequences under such an agreement, like:

• Bias in favor of the nursing home: Unlike a public court process, arbitration often lacks the same level of transparency, and arbitrators may have ties to the nursing home industry.
• Limited compensation: Arbitration often restricts the amount of compensation a family can receive, even in serious cases of abuse or neglect.
• Confidentiality: Arbitration proceedings are usually confidential, meaning any findings of wrongdoing by the nursing home may never be made public, allowing the abuse to continue unchecked.

These agreements can feel like a trap, especially when families are already dealing with the emotional toll of seeing a loved one suffer in a place meant to care for them.

Why You Should Not Sign an Arbitration Agreement

The decision to sign an arbitration agreement is often made without fully understanding its consequences.

Nursing homes frequently present these agreements during the admission process when families are under stress and may not have the time to review every detail.

However, once signed, these agreements limit a family’s ability to:

• File a lawsuit: Arbitration agreements generally prevent families from pursuing claims in court, even when serious abuse or neglect occurs.
• Hold the nursing home accountable: Without a public court process, nursing homes can avoid the scrutiny that comes with a lawsuit.
• Receive full compensation: The arbitration process can significantly limit the damages awarded to victims, regardless of the severity of their suffering.

Families should be wary of signing agreements that take away or reduce legal rights, as arbitration agreements do. Therefore, nursing home residents and their families should maintain all legal rights by refusing to sign an arbitration agreement.

Can I Rescind an Arbitration Agreement in Colorado?

If you’ve already signed an arbitration agreement, all is not lost. It may be possible to get the agreement rescinded. There are essentially two ways to rescind an arbitration agreement: (1) 90 day right of rescission; and (2) Other grounds related to unfairness.

90 Day Right of Rescission

You can rescind the arbitration as a matter of right within 90 days after signing. And, if the arbitration agreement was signed in anticipation of hospitalization, you can rescind the arbitration agreement as a matter of right within 90 days after discharge from the hospital.

Other Grounds to Rescind Your Agreement

• The agreement does not comply with the legal requirements of state or federal law;
• The signing of the agreement was induced by fraud;
• The nursing home disregarded the patient’s right to not sign the agreement;
• The patient was not able to communicate effectively in spoken and written English, unless the agreement was in the patient’s native language; or
• The patient’s condition prevented the patient from being able to make a rational choice to sign or not sign the agreement.

What Are My Rights as a Family Member of a Neglected or Abused Resident?

Even if your loved one was under an arbitration agreement, you still have rights. Colorado law provides protections for nursing home residents, and abuse or neglect should never be tolerated.

Common signs of nursing home neglect or abuse include:

• Unexplained injuries, such as bruises or fractures
• Sudden changes in behavior or mood
• Poor hygiene or unsafe living conditions
• Malnutrition or dehydration
• Bedsores or other signs of neglect

If your loved one is showing any of these signs, it’s essential to act quickly.

While arbitration agreements can complicate the process, they don’t erase the wrongdoing or the nursing home’s responsibility to provide a safe environment.

How to Pursue Damages Outside of Arbitration

If you’ve successfully rescinded an arbitration agreement or if there are grounds to challenge its validity, pursuing damages through a lawsuit becomes an option.

This allows you to:

• Expose the nursing home’s negligence: A public lawsuit can bring to light patterns of abuse or neglect that might otherwise remain hidden.
• Seek full compensation: In a court of law, you can seek the full damages your family deserves for the pain and suffering caused by nursing home abuse.
• Hold the nursing home accountable: Filing a lawsuit can force the nursing home to change its practices, ensuring other residents are not harmed in the future.

Even if the arbitration agreement remains in place, an experienced lawyer can still negotiate on your behalf to seek a fair settlement and bring justice to your loved one.

How Nursing Home Justice Can Help You Fight an Arbitration Agreement

At Nursing Home Justice, we understand how overwhelming it can feel to navigate arbitration agreements while dealing with the emotional strain of nursing home abuse.

That’s why Attorney Mac Hester is committed to helping families fight these agreements and pursue the compensation they deserve.

We can help by:

• Evaluating your agreement: We’ll review the arbitration agreement to determine if there are grounds to rescind or challenge it.
• Navigating the legal process: From rescinding the agreement to filing a lawsuit, we guide families through every step of the legal process.
• Fighting for justice: Our team is experienced in holding nursing homes accountable for neglect and abuse, even when arbitration agreements complicate the path forward.

Let Nursing Home Justice Help You Today

If your loved one has been abused or neglected in a Colorado nursing home and you’ve signed an arbitration agreement, don’t wait.

Nursing Home Justice is here to help you fight back. With years of experience advocating for families, Attorney Mac Hester will work tirelessly to rescind unfair agreements and pursue the compensation your family deserves.

Contact us today for a free consultation and take the first step toward justice for your loved one.

Call (303) 775-8128 or fill out our contact form today.