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Should Florida Courts Allow Arbitration Agreements in Nursing Home and ALF Abuse and Neglect Cases?

Posted by on Feb 19, 2015 in Domestic Violence, Law Group Tampa, Personal Injury |

Should Florida Courts Allow Arbitration Agreements in Nursing Home and ALF Abuse and Neglect Cases?

Arbitration is a decision-making mechanism that is used when two or more opposing parties cannot reach an agreement or to continue to work towards a complementary goal. The Parties shall agree to appoint a neutral party or person tomake a decision after hearing the views of both sides. As to the proceedings before the Court, he starts a lawsuit in which the plaintiff is obliged to state the facts and evidence on which the claim is based, possible issues, the value of the dispute and to appoint arbitrators. The arbitration panel must have an even number of arbitrators, provided that each party shall appoint one arbitrator and the deputy arbitrator and the third president of the arbitral tribunal appointed arbitrators are selected, if the parties have not previously agreed on the number arbitrators.

child-neglect-390x285The Court resolves disputes reaching the final arbitral decision which decides all requirements of the parties. The Court makes a decision on the basis of laws, regulations, contracts, legal rules, codes and practices, but cannot decide on the basis of justice and equity, provided that the parties have expressly agreed on. The arbitration decision shall be final, binding as the final court judgment and it is not possible to appeal, which prevents the delay in the proceedings. The importance of arbitration is undoubtedly huge and is one of the most effective methods of resolving disputes between states or other collectivities and legal entities of different countries.

MainNursingHomeAbuseIs this the right way of making decisions related to nursing homes that are in the process of a trial for a longer period?  Especially if the arbitration takes between nursing homes and assisted living facilities. As the case has already been exposed before the Court, and after they were heard all the witnesses, the judge ruled dispute. Both parties could not react because they were bound by the decision rendered by the judge. So that is the case between the nursing home and assisted living facilities got in front of an arbitrator. The question raised here is whether the arbitrator may be less emotional of judges. If he is familiar with the case and if he do the investigation and examine as many similar cases as he can of the assisted living facilities and nursing homes which residents are abuse and neglect, it can happen that an arbitrator be too emotional. But at the other hand it is the arbitrators of nursing homes and assisted living facilities themselves the one who are less expected that it will rule in favor of neglect and abuse in these facilities for older patients.

2010-04-rspcaWhat is most interesting about these cases is that arbitration for the abuse and neglect of the patient in the nursing homes and assisted living facilities are collected by the nursing home. The arbitration agreement is submitted and provided to the family members and residents of nursing homes and assisted living facilities but was been completely resolved and paid by the nursing homes.

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