When making the difficult decision to place a loved one in a Florida nursing home, you will be faced with decisions such as which home to choose and how to afford the necessary care for your loved one. But one thing you may not be prepared to face is the choice to waive your loved one's rights to a trial in the event that they are harmed by Florida nursing home neglect or abuse.


If you are considering the placement of a loved one into a Florida nursing home or assisted living facility, DO NOT SIGN ANY PAPERWORK without first reading The Florida Nursing Home Abuse Handbook: Ways to Recognize & Prevent Abuse and Neglect.  This FREE book will tell you everything you need to know about how to protect your loved one's rights in a Florida assisted living or nursing home facility.


A resident in a nursing home or assisted living facility (ALF) in Florida has the right to adequate and appropriate health care; however, if they do not receive the healthcare they deserve and are injured by the negligence of the facility, they may not be able to do anything about it.


What is an arbitration clause?

Elderly residents and their caregivers are signing away their rights to a safe and healthy living environment by signing arbitration clauses. An arbitration clause waives a resident's rights to a trial in the event that they sustain Florida elder abuse while living in the nursing home or ALF. This essentially opens the doorway to abuse and neglect within nursing homes and ALFs because the facility has no reason to fear retribution if their residents are not taken care of.


Arbitration clauses are usually hidden away amongst the legalese of the "admission paperwork." Many people do not understand or do not know what they are signing - and may never know - until it's too late. If your loved one is injured due to nursing home abuse or neglect, you can bet that the facility will remind you of the arbitration agreement that you signed, which means that you cannot sue the facility.


The Sarasota elder abuse lawyers at Mallard Perez are committed to protecting the rights of nursing home and ALF residents. Before you sign anything, you need to have the paperwork reviewed by a Sarasota nursing home abuse lawyer. Damian and Sara Mallard will review your paperwork - FOR FREE - and will make sure it does not contain any arbitration clauses or unfair agreements. Contact Mallard Perez for more information about how to schedule a FREE admission agreement review.

Damian Mallard, Esq.
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Board Certified Sarasota Personal Injury Attorney