Colorado Invalidates Nursing Home Arbitration Agreements Signed By Healthcare Proxies
The Colorado Supreme Court handed down a decision in the matter of Lujan v. Life Care Centers of America that invalidates nursing home arbitration agreements entered into by a healthcare proxy. The Colorado Court held that the power to make medical decisions is different from the ability to consent settle disputes via a private system-- as in done in nursing home cases with mandatory arbitration agreements. In Lujan, Estella Lujan's son admitted her to a Life Care Center in Colorado and signed off on an arbitration agreement along with other admission paperwork. Three days after Ms. Lujan's admission to Life...
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Should You Give Up Your Right To Trial?
One word--'No' As a lawyer who makes a living representing plaintiffs in personal injury related matters, my suggestion to demand a right to a jury trial probably comes at no surprise. Self-serving issues aside, our jury system (in the Civil setting) a place for those who have been wronged to obtain fair compensation for their injuries. Juries are composed of people from the plaintiff's community who make the decision of who get what and how much they are getting. The jury's award must be unanimous. Does the jury always make the 'right' decision? No. Does a jury always make a...
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