August 11, 2016. Today an Oklahoma County Judge ruled in favor of Compton Law's client holding that the nursing home case can go to a jury trial and is not forced to arbitration. JT Sherman and Compton Law's trial team won a tremendous victory today not only for our clients but for nursing home abuse victims across the state.
Nursing homes can be a blessing to many, but their tactics can take advantage of our most vulnerable population at a point in time when they are most exposed to unscrupulous behavior. When people are admitted to nursing homes they are faced with piles and piles of forms and papers - this is when our elderly are most exposed. They just want and need help so they just sign these documents as fast as possible to get that care - most of the time without reading a word. Nursing homes are keenly aware of this and intentionally utilize this time of vulnerability to get potential patients to execute really really bad documents that give up or waive some fundamental rights.
Over the past several years these nursing homes have begun including a mandatory arbitration provision (normally buried in the middle of the document piles) which, if a patient signs, gives up that patient's right to take the case to a jury trial.
Fortunately for this patient and her family, she hired JT Sherman and Compton's trial team who fought for her rights and prevailed.