Berks County Judge Throws Out Arbitration Clause Signed on Behalf of Injured Nursing Home Patient

An injured nursing home patient filed a nursing home abuse lawsuit in Berks County Court, and the nursing home attempted to prevent a jury trial and have the matter instead decided by binding arbitration. When the patient was admitted to the facility, his family member (who had power of attorney) signed many forms, one of which was entitled “Voluntary Binding Arbitration Agreement.” The defendant nursing home argued that the matter could not proceed in court but instead had to go to binding arbitration, and that the plaintiff had given up his right to a jury trial. Judge Jeffrey Sprecher ruled that the arbitration agreement was “unconscionable” given the circumstances of the emotionally trying time when a nursing home patient is being admitted to a facility. Judge Sprecher noted that there is no real bargaining power between a nursing home and a patient who needs care in that setting, unlike a business setting where the two sides can fairly and properly negotiate acceptable terms.

Protect your rights — do not give up your right to a jury trial, or the amount of fair compensation, if others have harmed you. You do not need to agree to arbitration. You have the right to say “NO.” You deserve to have a jury of your peers decide your matter.

By Michael W. McGuckin, Esquire, Attorney for the Reading, Pennsylvania Personal Injury Law Firm of Liever, Hyman & Potter, which limits its practice to nursing home neglect, medical malpractice, car, truck and motorcycle accidents, wrongful death matters, premises liability, and work injuries. Serving Berks, Schuylkill, and surrounding counties for over 50 years.