When a nursing home resident is injured, tort litigation is traditionally the venue of choice for plaintiffs seeking compensation. However, with the risk of large verdicts appearing to increase in the last quarter-century, physicians and long-term health care facilities have begun to pursue mandatory arbitration as an alternative to traditional litigation. Defendant physicians and nursing homes often feel that arbitration is most effective to summarily dispose of fraudulent claims, to increase predictability in dispute resolution and to reduce the potential amount of damages recoverable. See, generally, John Day, Nursing Home Litigation: Pre-Suit Evaluation and Discovery, 27 Trial 2 (April 1991); Jules Olsman, Proving Damages for Elderly Plaintiffs, 27 Trial 35 (April 1991). Freedom of Contract and the Federal Arbitration Act.

However, many plaintiffs’ and defense attorneys are not familiar with the rules regarding mandatory arbitration and how these rules can impact the representation of their clients.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]