Forced Arbitration Locks the Courthouse Doors to Yet Another Family
After a stay in Methodist Hospital in Omaha, Nebraska, for acute pack pain from a compression fracture that required him to be on constant pain medication, Walter “Tim” Mason was transferred to Life Care Center of Elkhorn, Nebraska to continue his treatment.
In almost no time, on January 8, 2007, the nursing home staff found Mr. Mason lying dead on the floor of his room. He died from extensive head injuries. When Mr. Mason’s family asked for answers, the nursing home corporation refused to provide any details. The family's only recourse was go to the courts to require the nursing home to turn over their files. Little did they know that Tim, in his confused state induced by the strong pain medications, had signed a forced arbitration agreement that was hidden deep inside the 100 pages of admission documents. Mr. Mason’s family lost the $79.00 filing fee they had expended for the initial lawsuit filed in the Omaha court system, and now must come up with $3,500 just to start an arbitration process that is stacked against them, with no jury and no right to appeal.
They may never get the answers they deserve.
End forced arbitration now!
Nursing home neglect and nursing home abuse are rampant problems in too many nursing homes across our state and nation. Our elder abuse attorneys are here to help you get answers to your questions, so that you know your legal rights. You can call my office at (803) 808-9600 to speak directly with me about your loved one's situation. That consultation is free and without obligation.
