It’s a key point in many nursing home abuse lawsuits because arbitration agreements prohibit residents – and their estates – from suing the nursing home in court. Instead, they are forced to seek resolution of any dispute from a binding arbitration. There are so many downsides to arbitration for the plaintiff, starting with the fact that arbitrators tend to decide cases more favorably toward the nursing homes. Beyond that, the proceedings aren’t public and arbitrators aren’t even bound to abide by the law.
Although arbitration agreements are binding contracts, the good news is that courts are analyzing them with a great deal more scrutiny than ever before. There are a few arguments that injury lawyers who handle nursing home abuse cases can approach this. Continue reading →