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Parr Richey Frandsen Patterson Kruse
John McLaughlin, Tony Patterson and Paul Kruse

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  5. Arbitration in Indiana Nursing Home Abuse and Neglect Cases

Arbitration in Indiana Nursing Home Abuse and Neglect Cases

Parr Richey Frandsen Patterson Kruse LLP | Sep 5, 2019 | Nursing Home Cases |

Nursing homes have been under fire lately for the poor level of care they provide to residents. Indeed, by some estimates, one in ten nursing home residents suffer some type of abuse or neglect. In theory, the legal system allows for the victims of Indiana nursing home abuse and neglect to sue the offending nursing homes. However, many Indiana residents are not able to do so because they signed arbitration agreements.

An arbitration agreement is a type of contract by which the parties agree not to file a case in court if a conflict within the scope of the agreement arises. Typically, nursing homes present residents with these agreements at the time of admission. While Indiana skilled care facilities will not necessarily force a resident to sign the agreement, it is not often apparent to the resident that they can decline to sign. If valid and enforceable, an arbitration agreement can prevent a nursing home resident from filing a case in court, forcing them to resolve the matter through the arbitration process.

The enforceability of arbitration contracts is currently a hot topic, and the subject of many court opinions. A recent case illustrates how courts analyze and give effect to arbitration agreements. According to the court’s opinion, the plaintiff filed a wrongful death claim against the defendant nursing home after his father died while in the home’s care. Before the plaintiff’s father was admitted into the home, he signed an arbitration agreement. The agreement contained a “delegation provision” under which the specific arbitrator would determine whether any claim fell within the scope of the arbitration clause.

After the plaintiff filed his claim, the arbitrator determined that it fell within the scope of the arbitration agreement. The plaintiff appealed the ruling to an appellate court, which affirmed. The plaintiff’s main argument was that the arbitration agreement was not enforceable because it was not signed by the owners of the nursing home, and was only enforceable by a signatory to the agreement. Evidently, the agreement was signed by a “representative” of the nursing home. The plaintiff argued that there was no evidence suggesting that the representative was an agent of the nursing home, and thus, the nursing home failed to establish that the agreement was enforceable. However, this argument was not raised until the appeal.

The court rejected the plaintiff’s argument. The court explained that the lower court correctly dismissed the plaintiff’s claim because, at the time, he had not raised his argument against enforceability. The court explained that those arguments that are not raised at the lower-court level are waived, and cannot be considered on appeal.

Are You Disputing the Enforceability of an Indiana Arbitration Agreement?

If you have a loved one in an Indiana nursing home, and you fear that they may have been subjected to abuse or neglect, contact the injury advocates at Parr Richey Frandsen Patterson Kruse. At our Indiana personal injury law firm, we represent nursing home residents and their family members in all types of claims against nursing homes, including those involving complex issues surrounding arbitration provisions. To learn more, call 888-532-7766 to schedule a free consultation today.

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

Salmonella Outbreak Related to Bagged Peaches May Result in Indiana Product Liability Claims

Parr Richey Frandsen Patterson Kruse LLP | Aug 26, 2020 | Products Liability

Warmer weather also means an increase in the availability of fresh summer fruit. When grocery shopping, many consumers will pick up watermelons, ripe peaches, and fresh berries in celebration of the seasonal harvest. However, no one expects for the produce they bring home to cause them to become seriously ill. When something you purchased at the store causes you to…

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Recent Posts

  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?
  • What are unique factors of commercial truck accidents?

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