This is not my title, it is the title of an article from a publication called, SmartMoney. It is a great article and provides some real “truisms” (if that is a word) about the long-term care industry.

However, the article does leave out one item of great importance. When admitting a loved one into a nursing home, read every piece of paper you sign. Why? Because often the nursing home hides on page 12, in small print at the bottom of the page, the following type of language:

Resident and resident’s family hereby agree to waive their right to a jury trial in the event any dispute arises concerning the resident’s stay at the facility. Further, the resident and his/her family agrees that any dispute with the facility will be resolved through the use of binding arbitration.

My Take: If you are faced with this type of language in your admission contract (or other nursing home documents) ask the facility to remove the offending language. If the nursing home is unwilling to remove the language, look for another nursing home.

Dan Frith
Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.