Arbitrating Wrongful Death Claims for Nursing Home Patients: What is Wrong with this Picture and How to Make it “More” Right

October 1, 2008

By Suzanne M. Scheller113 Penn St. L. Rev. 527.

Consider the following example: an elderly patient with advanced Alzheimer’s disease dies after being beaten and raped while in an assisted living facility. The beneficiaries bring a wrongful death claim against the owner of the facility. The facility then seeks to compel arbitration of the claim based on the arbitration clause in the patient’s admissions contract
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