Maryland nursing home lawyers have been battling arbitration clauses for years. These clauses deny nursing home residents the right to take nursing homes to court for harm that they cause to the residents such as physical abuse and neglect and sexual assault.
Almost everyone realizes nursing homes force these agreements on residents as a precondition of admission. They are just not fair.
In 2016, the Maryland Court of Special Appeals decided Peeler v. FutureCare, which was a Miller & Zois case. In this case, FutureCare tried to use the arbitration clause to prevent a wrongful death claim. Our firm won at the trial level and won before the appellate court, making new clear law that a nursing home agreement cannot compel wrongful death beneficiaries to arbitrate. This new case pushes Maryland law further from enforcement of these draconian agreements.