Local legal clinic advised that I cannot file a lawsuit on behalf of my brother, in small claims court, against skilled facility that damaged him, because of an arbitration clause in admitting papers. He went in at about 189 lbs and came out about 142 lbs, sepsis, liver in failure, stage 3 wound on foot, stage 2 wound on lower back, and contracted legs. He was on life support and had to have a feeding tube installed. He was not able to recover and died a year later as a result of what that facility did to him. My question is, given that the admission agreement was not with me, am I free to file lawsuit in small claims court against them for all the financial and emotional damages caused to me as a result of the elder abuse to brother? I was the one providing around the clock nursing care, wound care, physical therapy, frequent tube feeding changes around the clock, dealing with all the medical and insurance, paying for all the DME he needed and other medical supplies. But worse, that facility cut short the life of my best friend, my mentor, my big brother. The ripple affect from the damages to him on to me have been staggering.