Anesi Ozmon, on behalf of its client, sued a nursing home alleging it negligently allowed his mother to fall, causing her to suffer a head injury resulting in her death. In response, the nursing home filed a motion to dismiss the lawsuit and compel arbitration, arguing that our client, acting under a power of attorney for healthcare for his mother, signed an arbitration agreement waiving his mother’s right to sue in court and instead binding her to resolve all of her claims against the nursing home in binding arbitration.
However, the law in Illinois states that if the signing of an arbitration agreement is not a mandatory prerequisite for admission to a nursing home, a person acting under a power of attorney for healthcare cannot bind the nursing home resident to binding arbitration. Our client’s mother was admitted to the nursing home several months before our client signed the arbitration agreement under a power of attorney for healthcare for his mother, proving that signing the arbitration agreement was not a mandatory prerequisite for admission to the nursing home.
Anesi Ozmon argued this in the Cook County Circuit Court, and the Court denied the nursing home’s motion to dismiss the lawsuit and compel arbitration, securing a significant victory for our client by allowing the case to proceed in court instead of binding arbitration.
If you believe you cannot file a lawsuit and instead are bound to arbitrate your claims because you signed an arbitration agreement, you may have a successful argument to invalidate the arbitration agreement and proceed with a lawsuit in court. Take action as soon as possible and speak with an experienced Chicago personal injury lawyer to discuss your options. At Anesi Ozmon, our team will review your case and help you decide on the best next steps. Contact us today to schedule a free consultation.