For several years now, there has been a concerted effort to limit the legal rights of those who might seek to file a Knoxville nursing home abuse lawsuit. Typically, a representative of the nursing home begins this process by asking the patient or someone in his or her family to sign “routine paperwork” that includes an agreement to arbitrate, rather than litigate, any potential claims that may arise during the patient’s care.
The patient or family member often has no idea that, by signing these admission papers, he or she is giving up the right to have a future personal injury or wrongful death case decided by a judge or jury. Instead, if a claim arises, the case will proceed in front of an arbitrator.
Arbitrators tend to be much more conservative in their awards – if they even agree that there was negligent or wrongful conduct on behalf of the nursing home or its employees – thus potentially saving the potential defendant and its insurance company a considerable amount of money in some cases. Fortunately, not every such “agreement” to arbitration is upheld in court.