Are Chicago Mandatory Nursing Home Arbitration Agreements Legal?
19-Oct-2010 In a word, yes. While national legislation addressing the legality of mandatory nursing home arbitration agreements is pending, it has not yet passed. If the legislation, entitled the Fairness in Nursing Home Arbitration Act, is passed by the US House and Senate then it will effectively ban mandatory arbitration clauses included in admission contracts for nursing homes, assisted living facilities and other long-term care facilities. A nursing home lawyer in Chicago is your best resource to explain the current and proposed legislation.
Benefits of the proposed legislation:
- Protect patients and their families from exploitation by large corporations
- Provide each individual the opportunity to fight for full legal rights
- Potential to receive higher damages that with arbitration for pain, suffering and/or wrongful death
However, until this legislation is passed and signed into law, what is the best way to proceed with admission to a long term care facility that includes a mandatory arbitration clause?
- Be Wary. While it may make sense from a business standpoint (i.e., the care facility’s position) to keep costs down with mandatory arbitration agreements, it can be unnerving to the potential patient and their family. As a potential patient or their advocate, you need to find out more information.
- Ask Questions. If possible, find out how many former patients have pursued arbitration, or have attempted to pursue lawsuits. Because the facility may not be willing or able to disclose this information, you may need to do your own research or consult a nursing home lawyer in Chicago for help.
- Know Your Rights. While mandatory arbitration agreements in Chicago are currently legal, you do not have to sign one. You especially should not sign one without reviewing the document with a nursing home lawyer in Chicago.
Remember, nursing home arbitration agreements were put in place to cut costs and avoid litigation for long term care facilities. They are a way for large corporations who own long term care facilities to control costs and settle disputes quickly and quietly outside of a courtroom. They are not intended to benefit or protect the rights of individual patients. For this reason, before you or a loved one sign a mandatory arbitration agreement or any other legal document for admission into a long term care facility, please review it with a nursing home lawyer in Chicago or your area.

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VERDICTS &
SETTELMENTS
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$1,225,000 settlement for a speedway patron who got hit by a baseball-sized rock kicked up by a race car. The rock hit her so hard, she needed an emergency tracheostomy and brain surgery.
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$6,000,000 settlement for our client, a 4 month old baby whose doctors had failed to diagnose a brain infection that left her with permanent brain damage and cerebral palsy.
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$11,800,000.00 in a product liability settlement for a father of five who tragically died when his tire treads failed, causing his vehicle to roll over.
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We obtained a $5 million settlement for a woman whose son died when his physician failed to diagnose a tumor.
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A woman recovered $2.25 million in a medical malpractice case, in which the woman's obstetrician/gynecologist failed to spot her cancer on a pap smear, causing our client to have to undergo multiple, surgeries.
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A $2 million verdict was obtained for a woman whose Ob/Gyn failed to refer her to a gynecologist to treat what turned out to be a malignant uterine sarcoma.
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We obtained a $1.7 million settlement in a nursing home neglect case in which a 72 year-old man suffered radiator burns so severe that he had to have his legs amputated.
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We obtained a $1.4 million award in a slip and fall case involving a 13 year-old boy who developed severe hip trouble after falling down the stairs of his high-rise.
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A $1.25 million settlement in favor of our client, an 18 year-old boy who lost most of his vision after being assaulted by a security guard.
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We obtained a $1.15 million settlement for our client, a little girl who suffered severed burns as a direct result of fire code ordinance violations.
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A union painter whose legs got crushed by a forklift recovered $1 million in damages.
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A $1 million settlement in favor of our client, a hemophiliac, who suffered severe soft tissue damage in a car accident.
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A union steel worker who injured his back moving a 300 pound steel beam in the rain recovered $1 million for his construction site work injury.
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We obtained a $900,000 settlement in the case of a beaten prison inmate who died after being given the wrong medication at the hospital.
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We obtained a $600,000 settlement for a man who suffered a below the knee amputation after his friend accidentally shot him with a hunting rifle at a restaurant.
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A 54 year-old woman recovered $600,000 in a product liability settlement after her oven mitt exploded and severely burned her breasts.
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A woman who had lost her baby to fetal distress while in the hospital was awarded $500,000 for medical malpractice.
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An 81 year-old bedridden stroke victim recovered $390,000 after he developed what would turn out to be fatal pressure ulcers stemming from negligent nursing care.
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A nursing home resident won a settlement of $300,000 stemming from a hip fracture accident. His nursing staff had failed to take proper fall-risk precautions.
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We obtained a settlement of $250,000 for the estate of a 21 year-old man who, after sustaining life-threatening injuries in an automobile accident, subsequently died in the hospital due to the staff's failure to insert a chest tube.
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We obtained a settlement of $175,000 for the estate of a woman whose negligent nursing home care resulted in bed sore ulcers that led to an infection that ultimately caused her death.
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We obtained a $150,000 settlement for a 69 year-old stroke victim who had to have an above the knee amputation due to nursing home neglect.
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A $150,000 verdict was recovered for the estate of a 79 year-old man, who suffered bed sores stemming from nursing home neglect that ultimately contributed to his death.
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