When families in Georgia make the difficult decision to admit a loved one to a nursing home, they often face an overwhelming amount of paperwork. Among these documents is one that can have serious, lasting consequences: an arbitration agreement. Often buried within the stack of admission forms, these agreements are rarely fully explained, yet they can severely limit your legal rights if something goes wrong. At Chance, Forlines, Carter & King P.C., we want to help Georgia families understand the dangers of signing arbitration agreements and how they can impact your ability to seek justice if your loved one is harmed due to nursing home negligence.
What Is an Arbitration Agreement?
An arbitration agreement is a contract where both parties agree to resolve any future disputes through arbitration instead of going to court. While this may initially seem like a fair compromise, arbitration almost always favors defendants, such as nursing homes. Signing such an agreement in Georgia can severely limit your ability to hold a nursing home accountable for neglect or abuse.
Why Arbitration Agreements Are Dangerous in Georgia
In Georgia, the state constitution guarantees your right to a trial by jury when someone has wronged you, including nursing homes. This constitutional right ensures that a jury of your peers determines if you were harmed and how much compensation should be awarded. But arbitration agreements force families to give up this important right, often without fully understanding the consequences.
Here’s why signing an arbitration agreement in Georgia nursing homes can be risky:
- Hidden in the Fine Print
Arbitration agreements are often included in the admission paperwork without much explanation. Families, already under emotional and time pressure, may sign these agreements without realizing the legal implications. This can waive your right to a jury trial, a critical tool in securing fair compensation if your loved one suffers harm in a Georgia nursing home. - The Illusion of Fairness
While arbitration agreements may appear fair because both parties agree to use the same process, arbitration tends to favor nursing homes. The lack of procedural safeguards found in court trials, such as discovery rights, makes it difficult to uncover evidence of neglect. In Georgia, the risk is heightened because arbitrators often have close ties to the nursing home industry, giving the facility an advantage. - Reduced Compensation
In arbitration, compensation is typically much lower than what could be awarded in a jury trial. This process favors defendants like nursing homes, leaving Georgia families with smaller awards, even when their loved ones have suffered from serious neglect or abuse. - Less Pressure to Settle
Nursing homes in Georgia are often less willing to settle claims when arbitration is the required dispute resolution method. In court, the threat of a public trial often encourages defendants to settle on reasonable terms. However, in arbitration, nursing homes face fewer risks, meaning families may be forced into prolonged legal battles with little hope of receiving fair compensation.
The Impact of Arbitration Agreements in Georgia
Georgia law recognizes the predatory nature of arbitration agreements in healthcare settings and actually prohibits them for medical malpractice claims. However, the Federal Arbitration Act (FAA) preempts Georgia law, making these agreements enforceable in many cases despite the state’s protections.
How Chance, Forlines, Carter & King P.C. Can Help Georgia Families
Even with these challenges, Chance, Forlines, Carter & King P.C. is experienced in challenging arbitration agreements in Georgia. We use several legal strategies to fight back, including:
- Unconscionability: If the agreement was presented in an unfair manner or is inherently one-sided, it may be deemed unconscionable and unenforceable.
- Lack of Authority: The person signing the agreement may not have had the legal authority to bind the resident, making the agreement invalid.
- Violation of Public Policy: Some agreements violate Georgia public policy, especially if the nursing home required signing the agreement as a condition of admission.
We understand the tactics nursing homes use to pressure families into signing these agreements, and we’re ready to fight for your right to justice. If your loved one has been harmed in a Georgia nursing home and an arbitration agreement stands in the way, we can help.
Contact Our Nursing home Abuse attorneys today!
Signing an arbitration agreement when admitting a loved one to a Georgia nursing home may seem routine, but it can have serious consequences. These agreements often prevent families from seeking justice through a jury trial. While Georgia law offers protections, federal law can override them, making it essential to understand what you’re signing.
At Chance, Forlines, Carter & King P.C., we are committed to helping Georgia families navigate these agreements and stand up to nursing homes that try to avoid accountability. If you have concerns about an arbitration agreement or need help protecting your loved one’s rights, contact us today.