Arbitration agreements have become common place in today’s world. You cannot buy anything without first signing away your right to a jury trial, one of our most sacred rights. Oftentimes, we do not even know that the contract we are signing even contains an arbitration clause. If you object to an arbitration provision, you are told that you cannot transact business. My wife and I have personally walked out of car dealerships when asked to sign an arbitration agreement. A lot of times, people cannot afford to walk out. They really have no choice. The medical community has been using arbitration agreements for years now. If you want to be treated for your medical condition, you must waive your right to a jury trial if the hospital, doctor, or nurse negligently injures you or your loved one.
The Mississippi Supreme Court recently addressed an arbitration agreement for a nursing home patient. In a very well written and reasoned opinion, the Court made several pronouncements that will hopefully protect Mississippi citizens from abusive arbitration contracts. To read the case, please go here: http://www.mssc.state.ms.us/Images/Opinions/CO56669.pdf
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.