Recently, the Supreme Court of Pennsylvania allowed the Superior Court decision in Pisano v. Extendicare Homes to stand, which maintained that a person residing at a nursing home may sign a binding arbitration agreement to keep claims on his behalf out of the court system but still allowed the deceased’s family a right to a trial through its Wrongful Death Action.
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In Pisano v. Extendicare Homes, Vincent Pisano allegedly died as a result of the care or lack of care he received at the nursing home he was staying in. When Vincent first arrived to the nursing home, his daughter, legally acting on his behalf, more or less signed a contract agreeing that all legal matters arising from Vincent’s stay would be confined to arbitration and not a trial.
Nursing Home Neglect: There are many reasons why a resident of a nursing home may develop physical or emotional issues. Problems may arise as a result of intentional abuse, neglect (intentional or unintentional), or simply as part of an elder's declining health.
Mistreatment of an older adult in a nursing home can take many forms, but often falls under one of two headings: abuse or neglect.
