Arbitration agreements deny victims access to civil courts. They greatly restrict the rights of a resident suffering an injury or death from bringing a claim against the Nursing Facility.
Arbitration agreements take away access to a jury of peers. They seriously limit the ability of an injured resident to prove a claim for negligence. Arbitrations without discovery are so limiting as to effectively destroy an injured resident’s ability to prove wrongdoing on the part of the Nursing Facility.
The rationale promoted by nursing home insurers for using arbitrations are usually two fold: (1) they are cheaper than a lawsuit, and (2) they are faster. Neither excuse is accurate or truthful: arbitrator’s fees can exceed
The Hamill Firm of
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