In the Hayes v. Oakridge Home case, a 95 year old lady sign a document in which she agreed to arbitrate any claims against Oakridge Home. In signing these agreements, Hayes gave up her right to any kind of trial, and her right to receive punitive damages and attorney fees. Hayes fell while she was a resident at Oakridge and she filed suit in Common Pleas Court in Cleveland against Oakridge for negligence and/or recklessness in caring for her. The trial court agreed with the nursing home that the proceedings could not be brought in court because of the arbitration agreement. Hayes appealed this decision, on the grounds that the agreement was unethical. The case went to the court of appeals where they reversed the decision of the trial, holding that the arbitration agreement was unconscionable due to the resident's age and because it required the resident to waive various rights. The case then proceeded to the Ohio Supreme Court where it was determined that the agreement was …show more content…
Genesis Healthcare Corp., a similar case happened where a patient signed the arbitration agreement and later died and the family members filed suit against the home, stating that its negligence caused injured that resulted in the patient's death. The West Virginia Supreme Court of Appeals declared that nursing home residents or their representative cannot be compelled to arbitrate their claims under such an agreements. As a result, the West Virginia Supreme Court held that arbitration clauses are unacceptable and invalid under the common law and shall not be enforced to compel arbitration of a dispute concerning the negligence because residents usually have little choice but to be in agreement to such terms and seldom are given the opportunity before signing an admission agreement to fully understand that they are giving up their constitutional right to a jury trial. In addition, the courts noted that arbitration clauses in nursing home contracts typically are