oklahoma Attorney Warns of Nursingโฃ Home Arbitration Agreementsโค Following Supreme Court Ruling
OKLAHOMA CITY -โฃ A recent Supreme Court decision is prompting Oklahoma attorneys to warn residents and their families about mandatory arbitration agreements often included in nursing home admission paperwork. These contracts can prevent patients from suing over โnegligence โขor abuse, forcing disputes into private arbitration instead of court.
Attorney rex cox is urgingโข Oklahomans โto carefully review any documents before signing,specifically looking โfor the term “arbitration.” He fears a surgeโข in these agreementsโ following the court’s ruling, which clarified federal law allowing for enforceable arbitration clauses in certain specific cases – a shift from previous Oklahoma law that largely prohibited โthem. This โchange impacts anyone considering long-term care, perhaps limiting theirโ legal recourse in the event of harm.
“Before this, the arbitration โคissue wasn’t as prominent. Nowโ it is very prominent, and I’m afraid we’re going to be seeing this all the time,” Coxโ stated. He โฃemphasized the importance of understanding the implications of signing away โthe right to a juryโ trial.
Arbitration โagreements require โdisputes to be settled โฃoutside of the conventional court system, โฃoften by a private arbitrator.โค While potentially faster and less expensive,critics argue arbitration favors the nursing home,as arbitrators are often repeatedly hired by the facilities.
Cox’s warning comes asโ one of his clients, Thomas, is currently involved in a lawsuit stemming from issues encountered โฃin a nursing home. Though the case is ongoing, Thomas hopes sharing his experience will help others avoid similarโฃ legal battles.
“If Iโ could have everybody in โthe state of Oklahomaโ who either is planning on being in a nursing home or putting a loved oneโฃ in a nursing โhomeโฆto not โsign a nursing home arbitration agreement,” Cox โadvised. “By all means, look at what you’re signing and when you see the word arbitration on it, you hand it back and say, we’re not interested in that, and that’s that.”