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 home residents who sustained injuries due to the negligence of the facility.
In Hayes, a 95-year-old woman signed an arbitration agreement at the the time she was admitted to Oakridge Home, a Cleveland nursing home. The arbitration agreement stated that disputes (injuries) between the parties were to be resolved via binding arbitration as opposed to jury trail. Further, the arbitration clause stated that Hayes could not claim punitive damages or attorneys fees.
Please see full article below for more information.
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