Our primary focus at Miller & Zois is to further the interest of our clients by maximizing the value of their injury or wrongful death claims. But it is also an absolute joy when we can be a part of changing Maryland law that helps all injury victims get a fair shake in their claim. We did this last week when the Maryland Court of Special Appeals gave a victory for our client and justice in Peeler v. FutureCare Northpoint, a wrongful death nursing home case.
Nursing Home Arbitration Agreements
At stake in Peeler v. FutureCare Northpoint was the breath of an agreement to arbitrate any claims that arise between a resident and a nursing home. I’m Our client’s mother in Peeler entered a nursing home after she had femoral-femoral bypass graft at Johns Hopkins Bayview Medical Center. She was asked upon arrival to sign an arbitration agreement. Clearly, this was not a moment of great clarity, right? This is not uncommon. Most decisions you make when entering a nursing home are made in crisis mode resulting from a precipitous decline in health. So in the midst of this emotional powder keg, the incoming resident or their family must sign a million documents. There is no time to plan or weigh options. I’m a lawyer. There is no way I’m reading all of those documents in that situation. I’m certainly not feeling free to negotiate with the nursing home. I’m in the most unequal bargaining position imaginable. I just want — or I wanted my loved one to get — the needed care to get through the days ahead.