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 case 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 case could not proceed in Court but instead had to go to a binding Arbitration and 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 emotional 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 an Arbitration.  You have the right to say “NO”.  You deserve to have a jury of your peers decide your case.

Contact the attorneys at Liever, Hyman & Potter if you or your loved ones have suffered Nursing Home Abuse.

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

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