West Virginia's Highest Court Strikes Down Arbitration Clauses In Nursing Home Cases
Arbitration clauses have become increasingly common in recent years. It is quite possible that your cell phone carrier, bank, and even employer have you sign agreements that contain mandatory, binding arbitration clauses. These clauses force the consumer to give up their right to a jury trial and to have all disputes sent before an arbitrator of the company's choosing.
Increasingly arbitration clauses are being included in nursing home contracts that require patients or loved ones to agree to arbitration for any and all harms that occur while they are in the nursing home. The West Virginia Supreme Court of Appeals recently reviewed several cases that all involved nursing homes that allegedly caused the death of a nursing home resident. In each case, a representative for the resident had signed an agreement at admission that contained a clause stating that any disputes arising from negligent treatment by the nursing home would be submitted to arbitration.
The Court held that the West Virginia Legislature intended for the right to a civil action in court to be unwaivable for nursing home residents. The Court went on to say that many of the arbitration clauses at issue were "unconscionable and unenforceable" as a matter of law. The Court's holding also pointed out that arbitrations allow nursing homes to keep their negligence and violations out of the public eye. Hopefully, other courts will follow suit and hold arbitration clauses in the nursing home setting unenforceable.
