Frequently Asked Questions
Q: Can I still file a lawsuit if a loved one is injured or dies at a nursing home after having signed an arbitration agreement?
A:
Nursing homes vigorously defend arbitration agreements because they are crafted to their advantage. However, experienced lawyers may be able to invalidate an arbitration agreement so you can file a lawsuit in a court of law.
Virginia's Medical Malpractice Act gives you 60 days after the completion of your health care to opt-out of an arbitration agreement. Va. Code Ann. Sec. 8.01-581.12. Additionally, nursing home arbitration agreements can be invalidated if the patient lacked the legal competence to sign the contract, the arbitration agreement was signed under duress, or the terms of the agreement are unconscionable.
