Nursing home facilities have several duties and obligations when it comes to ensuring that our elderly loved ones are safe and that they have the care they need. All too often, a nursing home fails to supervise its staff, provide adequate medical care, or ensure that patients and residents are being monitored appropriately. When this happens, residents can face serious injuries and even death. If you or a loved one suffered injuries due to a nursing home’s negligence, contact Therman Law Offices to learn more about whether one of our Chicago nursing home abuse lawyers can assist you.
Recently, a plaintiff who was the guardian of the estate of a woman who passed away filed a case against a nursing home facility alleging violations of the Nursing Home Care Act. The defendants responded to the lawsuit by filing a motion to dismiss and arguing that the resident had signed an arbitration agreement. This document stated that any disputes regarding the care that the facility provides would be solved in an arbitration proceeding.
It also stated that the resident waived her right to pursue legal action against the facility in civil court. An arbitration is similar to a trial because the outcome is legally binding, but it is different in that it is more informal than a trial. There is no jury and the parties agree that one or a number of arbitrators can make a decision about the legal outcome of the dispute.