One of the favorite tactics that nursing homes use is to insert arbitration clauses into the admission contracts. Then, when a resident is injured or killed by the nursing home’s abuse, the nursing home’s lawyers argue that the family cannot go to Court to seek justice, and instead must submit the case to nursing home-friendly arbitrators.
Recently, the Oklahoma Supreme Court issued a ruling in Boler v. Security Health Care, L.L.C., 2014 OK 80, that struck down these arbitration agreements in wrongful death cases. The Supreme Court held that these arbitration agreements violated the protections of the Oklahoma Constitution.
By preserving the right to a jury trial, the Oklahoma Supreme Court took a major step in holding nursing homes accountable for any abuse that leads to injury or death.
Are you facing a similar situation? An arbitration clause in an admission contract does not necessarily mean that you have no means of getting the justice you deserve. Contact us today to see how we can help! 918-246-0200
