The Fiction of Freedom of Contract - Nursing Home Admission Contract Arbitration Agreements: A Primer on Preserving the Right of Access to Court under Florida Law

Authors

Robert Hornstein

First Page

319

Document Type

Article

Abstract

The primary purpose of this article is to provide a litigation paradigm on how the use of compelled nursing home arbitration agreements in Florida can be successfully challenged and a patient's right of access to the courts preserved. This article includes an examination of the use of compelled arbitration agreements under Florida law and their treatment by the courts. It also includes an analysis of how Florida's courts have generally responded to the widespread use of arbitration provisions. Further, it contains a review of the defenses available under Florida law that can be used to defend against compelled arbitration provisions. Finally, it examines how attorneys representing nursing home patients can use an evidentiary hearing to successfully prove that an arbitration clause is unenforceable.

Recommended Citation

Robert Hornstein, The Fiction of Freedom of Contract - Nursing Home Admission Contract Arbitration Agreements: A Primer on Preserving the Right of Access to Court under Florida Law, 16 St. Thomas L. Rev. 319 (2003).
Available at: https://scholarship.stu.edu/stlr/vol16/iss2/14