We Signed an Arbitration Agreement — Can We Still Sue?
Buried in almost every nursing home admission packet is an arbitration agreement, and families sign it along with everything else. If something later goes wrong, many assume it means they cannot go to court. Often, that is not the case.
What you actually signed
An arbitration agreement waives the right to a jury trial and sends any dispute to a private arbitrator. Facilities favor them because arbitration is confidential and often seen as more favorable to them. But signing one does not automatically bar a claim.
When it can be challenged
Enforceability can turn on who signed and whether they had legal authority to bind the resident, whether arbitration was presented as a required condition of admission — which federal rules generally prohibit for pre-dispute agreements — and whether the terms were unfair.
What to do
Do not assume the agreement controls. Have the actual document and the circumstances reviewed. These clauses can sometimes be set aside, and even where they apply, a case can still proceed — in arbitration.
Frequently asked questions
I signed for my parent. Does that bind them to arbitration?
It depends on whether you had legal authority to bind them, which is a common and important issue. Where the signer lacked that authority, the agreement may not be enforceable against the resident.
Keep reading
This article is general information about Nursing Home Abuse injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to nursing home abuse.
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