Sunday, May 17, 2009

Recent personal injury law update: Nursing home agreements and arbitration requirements

Recently the Ohio Supreme Court has ruled that persons who sign admission agreements when they enter nursing homes can be bound by written “arbitration” clauses that require arbitration of any issues related to their residency - including issues related to negligent or intentional injury to the resident. See: www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2054.pdf.
These arbitration provisions almost always require that injured residents waive their right to judge/jury trial and submit to a potentially more expensive and industry-biased arbitrators. Any person who is being admitted to a nursing home or any person who has a friend or family member being admitted needs to be aware of the potentially very serious impact of these arbitration provisions. Thought: Shop your nursing homes on this and other issues.

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