If you are placing your loved one in a community based residential facility or a nursing home, the agreement that is signed on admission may include a clause that would require you to bring a claim against them within 90 days, instead of 3 years as is allowed by law. The group home or nursing home contract may also limit the amount of money you may collect for injury. This may not seem unreasonable. However, imagine a circumstance where your loved one is allowed to fall out of bed due to the negligence of the nursing home staff. Your loved one sustains a fractured hip and is thereafter hospitalized and ultimately confined to a wheel chair. Even if your loved one’s medical bills to treat the fractured hip exceeds $100,000, the nursing home will try to limit its responsibility. And, even if a person knew about the extremely short time limit, the injuries themselves may prevent acting within 90 days. This is unreasonable. A trial court recently denied enforcement of these two clauses in the service agreement, and the matter is now on appeal.
If you or a family member needs to consider one of these facilities, you should look for and ask about these limitations. If they are there, ask the provider to cross them out, or look elsewhere.