The courts have reasoned that a Wrongful Death claim is brought on behalf of the decendent so the estate isn’t bound by what mom may have signed when she went into the home! Chalk one up for the good guys.
If your mom dies in a nursing home due to neglect are you bound by mom signing the agreement to submit those claims to arbitration?No the Courts have ruled that a Wrongful Death claim brought by the estate can be heard by a jury instead of an arbitrator.