Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Medical Malpractice Law & StrategyKickerFeaturesSectionsNewsLJN Newsletters

Nursing Home Arbitration Provisions

By Adam L. Appel, Andrew W.Countryman and Kim Ruder
May 28, 2013

Lawsuits against nursing homes have proven to be some of the more difficult and unpredictable cases to try. While the perception is that such cases should yield lower verdicts due to the age of the patient or because their condition at the time of the injury included chronic illness and/or life-altering “comorbid” conditions that prevented independent living, juries continue to return staggering verdicts for millions of dollars. These verdicts, representing either “the full value of the life of the decedent” or the pain and suffering of the patients, are often driven by allegations of poor bed sore care and related infections. Family members often paint a gruesome picture with vivid photographs of a progressing bed sore.'

Verdicts are often affected by emotional testimony, designed to elicit sympathy from the jurors. In an effort to stem the tide of sizeable jury verdicts, nursing homes and other facilities across the country have been offering arbitration as an alternative in admission documents. By so doing, they seek to avoid the unpredictability that comes with 12 men and women in the jury box, who bring their personal opinions, experiences and biases against the industry.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.