If patients (and their families) really valued the right to sue, then a nursing home could dominate the market by advertising that it does not make you sign an arbitration waiver. Before passing a law interfering with the arbitration waiver, legislators should ask at least two questions:

Are there rules in this state that reduce competition in nursing homes, such that no new competitor can enter?

Is tort law in this state too prone to abuse, so that no nursing home could operate under such a potential liability?

If they have not addressed those questions, they have no business suggesting outlawing voluntary contracts.

• posted by John R. Graham
• June 23, 2008 @ 3:08 pm
• Permalink

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