In nursing home lawsuits, plaintiffs are often unhappy family members of residents who have experienced falls, pressure wounds, unexplained injuries or death. In our practice defending long-term care facilities, we have identified some relatively simple and straightforward actions that nursing homes can take to avoid litigation.
State courts do not have the authority to categorize nursing home arbitration agreements differently than other contracts, the New Mexico Supreme Court recently ruled. The decision sets up a fight over whether a nursing home's specific arbitration agreement violated state law.
The son of a nursing home resident who allegedly was injured because of negligence did not have the authority to sign a voluntary arbitration agreement on her behalf. As a result, he was not bound by the arbitration agreement, according to a recent state Supreme Court ruling.