From 24/7 Wall St. · Gerelyn Terzo · · 1m 20s
Mom Falls Twice in Nursing Home, Lawyer Finds Arbitration Clause
Nursing home resident falls twice in first month; family discovers binding arbitration clause that could block jury trial.
In brief
Nursing home resident falls twice in first month; family discovers binding arbitration clause that could block jury trial. A mother falls twice in her first month at a nursing home, and her family finds an arbitration clause that prevents her case from going to jury. Originally reported by 24/7 Wall St..
Nursing Home Fall Risk
A mother slips on the way to the bathroom at night and falls again with a swollen hip within a month.
Family Calls Lawyer
The family contacts a lawyer after the second fall, seeking help for potential negligence claims.
Arbitration Clause Found
The lawyer discovers a binding arbitration agreement buried in admission paperwork that skips jury trials.
Federal Rules Ban Arbitration
Nursing homes using Medicare or Medicaid must follow federal rules that prohibit binding arbitration agreements.
30-Day Rescission Window
Residents have 30 calendar days from signing to cancel arbitration agreements without court involvement.
Family Action Steps
Families must request admission packets, identify who signed, check federal compliance, and send cancellation in writing.
Arbitration Agreement Risks
If the 30-day window closes, families face harder legal challenges to cancel the agreement.
Best Time to Act
Families should review admission paperwork before issues arise, while the 30-day window remains open.
The headline
A mother falls twice in her first month at a nursing home, and her family finds an arbitration clause that prevents her case from going to jury.
