For family members and residents – 3-607 – You have a right to go to trial

Sec. 3-607
It is illegal for a nursing home to make you sign a contract waving your right to a jury trial. Even if you do sign a contract stating you will handle all disputes and issues with the home through arbitration, you are still legally entitled to file a lawsuit and have your case heard by a jury. Nursing homes are afraid of juries commenting on their care; they want disputes decided by special groups outside the jury system who are unlikely to reward large verdicts. The jury system is your protection. Don’t sign a waiver, even if you do; it’s unenforceable.

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