Mandatory, Forced Arbitration in Mississippi Creates an Unfair Result in Outrageous Nursing Home Death
Irene Hight was placed in a nursing home facility in Kosciusko, Mississippi in 2002 after her family was no longer able to provide her with the treatment and attention she needed. Her daughter, Janice, helped admit her to the facility. Janice was hurried through the admission process by the nursing home staff, with no details explained as to what was included in the forms. Of course, it was not explained to her that there was a forced arbitration clause in the admission papers.
About one year later, Janice received a distressing call from her mother stating that she was ill. Janice immediately rushed to the aid of her mother.
When Janice arrived, she didn’t even recognize her mother, who had bulging eyes, her mouth was drawn, and her skin tight and firm against her bones. Janice soon discovered that her mother had not had anything to drink in 24 hours, she couldn’t urinate, and she was suffering from diarrhea. Janice immediately asked the nursing staff to call an ambulance. They refused (!) because they determined Ms. Hight’s state of well-being was not a life or death situation. (Remember, nursing home corporations keep more profits if they keep the residents overnight) and Medicaid would not cover the expenditure otherwise.
After much insistence, the head nurse finally told Janice that she could take her mother to the hospital but that she would have to take her mother herself in a wheelchair that the nursing home would provide. When Janice asked for assistance in getting her mother into the wheelchair and to the hospital (which was across the street and up a hill) the head nurse finally allowed that an aide could go with her.
The aide refused. She said she was too busy.
As Janice was leaving the facility with her mother, she was told that she needed to ensure she returned the wheelchair! Ms. Hight made it to hospital, but died 8 hours later in the emergency room, as a result of the nursing home corporation's neglect.
Janice and her family were outraged at the treatment their mother was given. Quite naturally, they decided a lawsuit would be the best way to bring the nursing home's mistreatment to the attention of other unsuspecting patients and their families.
Unfortunately, they discovered that Janice had agreed to a mandatory binding arbitration when she signed Ms. Hight’s admission papers and their only recourse was a forced, unfair settlement behind closed doors and outside the bright lights of the justice system - just how the nursing home corporation wanted it.
Mandatory, forced arbitration "agreements" are wrong. Call and write your House member and both of your U.S. Senators today, and tell them!
If you have questions, or if you would like to know your legal rights, call attorney Michael Jeffcoat at (803) 808-9600 for a free, no obligation, consultation.
