Court nixes arbitration in nursing home suits
by Ry Rivard (courtesy of Ric Henry, President of Pendulum, LLC.)
Daily Mail Capitol Reporter
CHARLESTON, W.Va.-- West Virginia nursing homes will have a harder time avoiding personal injury and wrongful death lawsuits following a ruling this week by the state Supreme Court.The court, in a strongly worded unanimous opinion, said nursing homes shouldn't be able to insert fine print into contracts to duck getting taken to court if they are accused of harming residents.
Nursing homes had been having residents sign contracts that included "binding arbitration clauses." These clauses, which the court concluded were "buried within nursing home admission agreements," say that if patients are injured or otherwise harmed, they or their families agree to take their case before arbitrators, which are basically private judges.
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