Nursing Home Neglect and No Justice because of Forced Arbitration Clause
Beulah, 90, suffered from dementia and a stroke that left her unable to speak or care for herself. Eventually, Beulah was transferred to a nursing home with the hope that she would receive the professional care she now required. Upon entering the nursing home, Beulah’s daughter, Peggy, was asked to sign a stack of admissions documents that included a forced arbitration clause. Peggy, a nurse by profession, had never heard of forced arbitration before.
Within days of entering the nursing home, Beulah fell and had to go to the emergency room. In fact, Beulah fell numerous times over a period of just a few weeks, each time unobserved and unexplained. The nursing home didn’t notify her family of the falls, nor of the extensive bruising Beulah had on her right chest, neck and arm until she had to be admitted to hospital. The nursing home did not investigate why these falls kept happening and they made no attempts to prevent them from happening again. The repeated falls were not the only example of the nursing home’s failure to care for Beulah – a review of her chart showed that she hadn’t been bathed for the month of February.
Peggy moved her mother to another facility, where she received better care and began to show improvement. However, Beulah passed away one month later from a second stroke. Peggy tried to hold the nursing home accountable in court for the pain, suffering and loss of dignity her mother endured. However, Peggy was denied the opportunity to seek justice in a fair and open court because the nursing home was able to hide behind the forced arbitration clause.