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One State Rules for Plaintiff in Nursing Home Arbitration Case

The son of a nursing home resident who was injured because of nursing home negligence supposedly was unable to have a trial because he signed a nursing home arbitration clause. However, the state’s supreme court found that since the son did not have the authority to sign a voluntary arbitration agreement on her behalf, thus he was not bound by such an agreement. The court found that since the son only had the authority to sign documents required for admission, that the arbitration agreement was not a mandatory requirement for admission. This decision could have implications for other nursing homes that allow surrogates to sign admission materials. Binding nursing home arbitration clauses limit a victim’s right to a trial after nursing home negligence. To read more about the arbitration clause, please click the link.