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July 15, 2022

PA Arbitration Ruling Could Bring More Nursing Home Lawsuits

The Pennsylvania Superior Court ruled on July 5 that a nursing home’s arbitration agreement was unconscionable and could not be enforced in a family’s wrongful death suit against the nursing home. The arbitration agreement was signed by a partially blind resident who was in severe pain, on pain medication, and unaccompanied by any representative from her family. The resident was not informed by the nursing home that she could consult an attorney before signing, and she was not given a copy of the agreement although she had ten days to revoke her consent. The judge also noted that the agreement was unconscionable for requiring the resident to pay half of the arbitration costs.

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