A common issue that arises in claims involving nursing homes and other care facilities is whether an arbitration agreement is enforceable. As Chicago nursing home negligence lawyers, we have seen firsthand how an arbitration agreement’s applicability can cause serious confusion and headaches for a family who has endured the loss of their loved one due to a facility’s negligence. At Therman Law Offices, we are prepared to help you determine whether you are entitled to compensation and explore the best route for asserting your rights against the nursing home that is responsible for the harm.
Recently, the Illinois Court of Appeal decided a case involving a dispute regarding an arbitration agreement and its enforceability. A woman died while in the care of a nursing home facility, and her estate brought a claim against the facility, claiming negligence and wrongful death. The defendants responded to the action by filing a motion to compel arbitration and seeking dismissal of the civil claim.
The lower court initially granted the motion but later granted the estate’s motion to reconsider. It also allowed the estate to file an affidavit from a doctor, stating that the decedent would probably not have understood the arbitration agreement that she was required to sign upon admittance to the facility. The affidavit suggested that the decedent was under the influence of certain medications that would have made it difficult for her to understand what was happening, due to the side effects that they caused. The defendants appealed.