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20 Pepp. Disp. Resol. L.J. 42 (2020)
Aging out Arbitration for Wrongful Death Suits in Nursing Homes

handle is hein.journals/pepds20 and id is 46 raw text is: 



                              Courtney Dyer*

                              I.       INTRODUCTION

         Nursing homes  are viewed  as necessary by many  people, but it is important
to remember  that they are like any other care service business: contract-based. Many
times, agreements  between  a nursing home   and their residents contain compulsory
arbitration clauses that are easily overlooked during the overwhelming   process  of
admitting  a resident.' The efficiency and confidentiality of arbitration agreements
have  led to a growing trend among nursing homes  to include them in their contracts.2
This trend is seen in the current Trump administration's new legislation encouraging
the use  of arbitration agreements in nursing  homes.3   The  increasing number   of
arbitration agreements prevents litigation from family members  in the event of their
loved one's death at the hands of a negligent nursing home.4
         Arbitration is in the best interests of the occupants and the nursing homes
because  it guards against needless litigation costs by creating a faster resolution, thus,
saving money.5   Furthermore,  arbitration ensures effective complaint management.6
However,  many   opponents view  arbitration agreements in relation to wrongful death
claims  in nursing homes  as inhumane.'   The  opposition argues binding arbitration
clauses should be  abolished in wrongful death  claims because it robs the family of
justice due  to the difficulty to appeal  an arbitration decision and  ruins further
relationships with nursing homes.8

* Courtney Dyer is a third-year law student at Pepperdine Caruso School of Law. She is currently the managing
editor of the Pepperdine Dispute Resolution Law Journal, Volume XX. She would like to thank her friends and
family for their support.
Ann  E. Krasuski, Mandatory Arbitration Agreements do not Belong in Nursing Home Contracts With
Residents, 8 DEPAUL J. HEALTH CARE L. 263, 263-64 (2004).
2 Norman Tabler Jr., Nursing Home Arbitration Agreements Attackedfrom all Sides, LAw360 (April 30, 2015),
https://www.law3 60.com/articles/73 1269/nursing-home-arbitration-agreements-attacked-from-all-sides.
3 David Lazarus, Trump Wants to Deny Nursing-Home Residents and Their Families the Right to sue, L.A.
TIMES (June 13, 2017), http://www.latimes.com/business/lazarus/la-fi-lazarus-nursing-home-arbitration-
4 Tabler, supra note 2.
See generally id.
6 See generally id.
Wesley R. Bulgarella, A Better Forum For All: Addressing The Value OfArbitration Clauses In Nursing
Home Contracts, 86 MISS. L.J. 365, 366-67.
8 Bulgarella, supra note 7, at 392-93.


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