Seeking Justice for Nursing Home Abuse or Neglect? Contact Our Respected Legal Team at DLP for a FREE Consultation – Part 3 of The Times-Tribune Series: “Challenging the Use of Mandated Arbitrations”

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Date: October 11, 2023

Nursing home-mandated arbitrations have become a contentious issue, particularly among the families of residents. In a recent report by The Times-Tribune, the case of Rosa Munchak, a local woman who lost her husband due to a severe, septic bed sore, sheds light on the controversy surrounding these agreements. Munchak is now taking legal action against the Gardens at East Mountain, but her lawsuit may face obstacles due to her prior agreement to participate in binding arbitration, meaning her case will be resolved by an arbitrator instead of a jury. It’s worth noting that Munchak wasn’t coerced into signing the agreement, but the terms may not have been adequately explained to her.

While proponents of binding arbitration agreements argue that they expedite the resolution of lawsuits compared to jury trials, The Times-Tribune reports that these agreements have faced criticism for various reasons. Plaintiffs often receive lower compensation and encounter less empathy from arbitrators compared to juries. Furthermore, the cost of arbitration fees can be higher for plaintiffs than the expenses associated with a jury trial.

It’s important for families to exercise caution when signing nursing home admission paperwork. Federal law stipulates that nursing homes cannot refuse admission to a resident simply because they haven’t signed a binding arbitration agreement. Moreover, individuals who have signed such agreements typically have thirty days to revoke them. It is essential to regularly check on the well-being of your loved ones in nursing home facilities to ensure they are receiving the care they deserve.

If you or someone you know has experienced nursing home abuse or neglect, we encourage you to contact our dedicated team of trial lawyers at Dougherty Leventhal & Price, L.L.P. Our team is committed to fighting for your rights and ensuring justice is served. Remember, in times of injury, call DLP at (570) C-A-L-L-D-L-P.

Sean McDonough
Upon graduation from law school, he entered the private practice of law with Dougherty, Leventhal & Price. He has been a partner with the firm since 1993. Over the years, Sean has concentrated his practice in the areas of personal injury litigation; he has also represented governmental entities and officials in federal civil rights and employment lawsuits. Sean also works on many of DLP's Nursing Home Abuse cases.