Nursing homes are now putting language in their contracts with their residents (or with a relative with a health care proxy) which requires, in a dispute over care or injuries, resolving the matter in an arbitration forum.
In the case of Miller vs. Cotter the Supreme Judicial Court ruled that a lawsuit was precluded by the arbitration clause which was signed by the son who had the requisite authority to make a binding agreement on behalf of his 91-year-old father. This is a significant ruling because arbitration awards are generally non-appealable and generally result in an award that is much less than a jury award. They may also be limited in the type and amount of damages which may be awarded.
Absent fraud, duress, or undue influence, arbitration agreements are enforceable in the context of nursing home agreements and, therefore, have become your only remedy in resolving disputes of negligence or substandard care which you may have alleged against a nursing home facility.
To read our five steps to protect your loved ones from nursing home neglect, please visit our Important Links page, click on Law and Penalties, then click on Nursing Home Neglect.
Always keep in mind that if you have any questions concerning a possible claim, our consultations by phone or in person are always free.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
