The family of a woman who died just hours after being admitted to a nursing home prevailed in a recent wrongful death lawsuit appeal to the South Carolina Court of Appeals. The court ruled the nursing home could the arbitration agreement signed by the decedent’s son upon her admission was not binding.
Therefore, plaintiffs in Thompson v. Pruitt Corp. will be allowed to proceed with their claim through the courts.
It’s become common knowledge that nursing home arbitration agreements strip away the basic rights of those who have suffered as a result of nursing home neglect and nursing home abuse. They force plaintiffs to resolve disputes in front of an arbitrator, as opposed to a judge or jury. The proceedings and the outcome are confidential. The awards are often much less favorable to the victims. In general, defendants have the upper hand in such matters. Continue reading