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West Viriginia Rules that Nursing Homes Can’t Use Arbitration to Fight Lawsuits

We often keep up on the articles published on McKnight’s Long-Term Care News & Assisted Living (mcknights.com) because they post many informative articles on the nursing home industry.

In fact, an article was just published last week explaining that in West Virginia, nursing homes cannot use arbitration agreements as a way to fight lawsuits related to residents care. The West Virginia Supreme Court ruled that “disputes should be decided by juries of lay citizens rather than paid, professional fact finders who may be more interested in their fees than the disputes at hand.”

Nursing homes’ binding arbitrations agreements are used to lower the cost of lawsuits. But several West Virginia families found that arbitration clauses caused their lawsuits to be dismissed.

This is a plus for families in West Virginia who choose to defend the rights of their loved ones who may have been neglected or mistreated in a local nursing facility. The article notes that nursing home residents may not realize the legal implications of what they are signing when they enter a nursing facility. They may not be aware that they are signing my have legal consequences.

We commend the families in West Virginia and the West Virginia Supreme Court for standing up for the rights of the aged and elderly.