Thursday, July 28, 2022
No Arbitration Where Care Center Resident Blind, Medicated, and In Pain, Plus More
The Insurance Journal ran this article recently, Nursing Home Denied ‘Unconscionable’ Arbitration Where Patient Was Blind, Alone. The arbitration agreement in question was "to settle e a family’s wrongful death complaint where the arbitration papers had been signed by the deceased woman when she was blind, on medication and in severe pain." It wasn't just that, though for which "[t]he Pennsylvania Superior Court ... upheld a trial court in finding that the arbitration agreement was 'unconscionable....'" In addition, the resident "was alone when she was asked to sign the arbitration agreement, ... was not given a chance to read it and other admission documents before signing, ... was not given a copy of the agreement after she signed, even though it permitted her to rescind within 10 days, and the ... admissions director did not read or explain all of the arbitration agreement’s provisions."
Thanks to Morris Klein for sending me the article.