In the city of Atlanta, arbitration is something that is written into a nursing home agreement. Many people find this surprising as they are unaware of the clause until they enter into a dispute or file a complaint. Arbitration clauses dictate that complaints are taken care of outside of the court system.
People who have never had dealings with the legal system may not know what arbitration is. When a person files a complaint of nursing home neglect or abuse, they may not see their case appear before a judge in a local court. Instead, they will find themselves in a room with an arbitrator, usually a licensed attorney, who will listen to the facts of the case and determine the outcome.
Many cases have shown that damages awarded by an arbitrator are typically much less than those awarded by a judge or jury. Arbitration is usually in the best interest of the nursing home, which is why it is written in as a clause in contracts. In certain circumstances, a case may be heard in a typical court of law. Any person who has signed a contract with an arbitration clause and wants to file a complaint should first consult an attorney experienced in nursing home abuse cases.
If you believe that a loved one has been the victim or nursing home abuse or neglect, reach out to an experienced attorney. A lawyer can review the details of the alleged abuse and advise you of your legal options.