Common use of Personal Injury or Medical Malpractice Clause in Contracts

Personal Injury or Medical Malpractice. Unless resolved or settled by mediation, any claim that the Resident may have against the Home for any personal injuries sustained by the Resident arising from or relating to any alleged medical malpractice, inadequate care, or any other cause or reason while residing in the Home, shall be resolved exclusively by arbitration. This means that the Resident will not be able to file a lawsuit in any court to bring any claims that the Resident may have against the Home for personal injuries incurred while residing in the Home. It also means that the Resident is relinquishing or giving up all rights that the Resident may have to a jury trial to litigate any claims for damages or losses allegedly incurred as a result of personal injuries sustained while residing in the Home. Subject to Subsection (f), the Arbitration shall be administered by ADR Options, Inc., in accordance with the ADR Options Rules of Procedure, and judgment on any award rendered by the arbitrator(s) may be entered in any court having appropriate jurisdiction. Resident and/or Representative acknowledge(s) and understand(s) that there will be no jury trial on any claim or dispute submitted to arbitration, and Resident and/or Representative relinquish and give up the Resident’s right to a jury trial on any claims for damages arising from personal injuries to the Resident which are submitted to arbitration under this Agreement.

Personal Injury or Medical Malpractice. Unless resolved or settled by mediation, any claim that the Resident may have against the Home Facility for any personal injuries sustained by the Resident arising from or relating to any alleged medical malpractice, inadequate care, or any other cause or reason while residing in the HomeFacility, shall be resolved exclusively by arbitration. This means that the Resident will not be able to file a lawsuit in any court to bring any claims that the Resident may have against the Home Facility for personal injuries incurred while residing in the HomeFacility. It also means that the Resident is relinquishing or giving up all rights that the Resident may have to a jury trial to litigate any claims for damages or losses allegedly incurred as a result of personal injuries sustained while residing in the HomeFacility. Subject to Subsection (f)Section 19.4(f) of this Agreement, the Arbitration shall be administered by ADR Options, Inc., in accordance with the ADR Options Rules of Procedure, and judgment on any award rendered by the arbitrator(s) may be entered in any court having appropriate jurisdiction. Resident and/or Representative Responsible Person acknowledge(s) and understand(s) that there will be no jury trial on any claim or dispute submitted to arbitration, and Resident and/or Representative Responsible Person relinquish and give up the Resident’s right to a jury trial on any claims for damages arising from personal injuries to the Resident which are submitted to arbitration under this Agreement.

Personal Injury or Medical Malpractice. Unless resolved or settled by mediation, any claim that the Resident may have against the Home Community for any personal injuries sustained by the Resident arising from or relating to any alleged medical malpractice, inadequate care, or any other cause or reason while residing in the HomeCommunity, shall be resolved settled exclusively by arbitration. This means that the Resident will not be able to file a lawsuit in any court to bring any claims that the Resident may have against the Home Community for personal injuries incurred while residing in the HomeCommunity. It also means that the Resident is relinquishing or giving up all rights that the Resident may have to a jury trial to litigate any claims for damages or losses allegedly incurred as a result of personal injuries sustained while residing in the HomeCommunity. Subject to Subsection (fSection 10.13(f), the Arbitration shall be administered by ADR Options, Inc., in accordance with the ADR Options Rules of Procedure, and judgment on any award rendered by the arbitrator(sArbitrator(s) may be entered in any court having appropriate jurisdiction. Resident and/or Representative acknowledge(s) acknowledges and understand(s) understands that there will be no jury trial on any claim or dispute submitted to arbitration, and Resident and/or Representative relinquish relinquishes and give gives up the Resident’s right to a jury trial on any claims for damages arising from personal injuries to the Resident which are submitted to arbitration under this Agreement.