Alternative Dispute Resolution (ADR) › Personal Injury › Health Law

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

Court Hands Big Win to Florida Nursing Home Residents

Two recent Florida Supreme Court decisions have resulted in major gains for nursing home residents and their families. Both Shotts v. OP Winter Haven and Gessa v. Manor Care of Florida struck down a segment of nursing home...more

Washington Court of Appeals Holds That Wrongful Death Claims Are Not Subject to Arbitration Agreement

A Washington Court of Appeals ruled that the wrongful death claims brought by the heirs of a nursing home resident were not subject to binding arbitration. In a significant set-back to advocates of negotiated arbitration...more

Ohio Supreme Court Uphold Nursing Home Arbitration Agreement In Negligence Case

Thanks to Sarah Cole at the ADR Blog for addressing the Ohio Supreme Court's decision in Hayes v. Oakridge Home, (slip opinion No. 2009-Ohio-2054). I believe this decision represents a major setback for the rights of nursing...more