Estate isn’t bound by nursing home’s arbitration clause 
Published: March 7, 2013
Tags: arbitration, nursing home litigation, wrongful death
The estate of a nursing home resident was not bound by an arbitration agreement executed upon her admission, the 8th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Fla. nursing home could demand arbitration
Published: February 20, 2013
Tags: arbitration, nursing home litigation, wrongful death
A nursing home could enforce an arbitration agreement signed by a patient when sued for wrongful death by his estate, the Florida Supreme Court has ruled in affirming judgment.
Benchmarks: Can health care surrogate bind patient to arbitration?
By:
Pat Murphy
Published: January 25, 2013
Tags: arbitration, health care surrogate, nursing home litigation, wrongful death
There’s been plenty of litigation over whether a nursing home arbitration clause executed by a medical power of attorney is enforceable.
Yesterday, West Virginia’s highest court addressed the more novel issue of whether a health care surrogate can bind a patient or her estate to arbitration.
Nursing home can’t enforce arbitration clause
Published: January 24, 2013
Tags: American Arbitration Association, arbitration, nursing home litigation, wrongful death
A nursing home sued for wrongful death could not enforce an arbitration agreement that specified an alternate dispute resolution agency that is no longer in the business of health care arbitrations, the North Carolina Court of Appeals has ruled in affirming judgment.
Arbitration clause unenforceable due to loss of forum
Published: January 11, 2013
Tags: arbitration, nursing home litigation, wrongful death
A nursing home could not demand arbitration of a wrongful death claim when the service designated in its admissions contract had exited the consumer-arbitration business, the Wisconsin Court of Appeals has ruled in affirming judgment.
Excess insurer can sue for underlying legal malpractice
Published: November 21, 2012
Tags: insurance, legal malpractice, negligence, nursing home litigation
A nursing home’s excess insurance carrier could sue the primary insurer’s lawyers for their alleged professional negligence in handling a personal injury claim, the Mississippi Supreme Court has ruled in reversing judgment.
Nursing home can’t arbitrate wrongful death suit
Published: November 20, 2012
Tags: arbitration, nursing home litigation, wrongful death
An arbitration clause in a nursing home admission contract was not broad enough to encompass a claim for wrongful death, a Pennsylvania appellate court has ruled in affirming judgment.
Estate isn’t bound by nursing home arbitration clause
Published: September 24, 2012
Tags: arbitration, nursing home litigation, wrongful death
The estate of a nursing home patient was not required to arbitrate a wrongful death claim pursuant to a clause in the defendant’s admissions contracts, the Illinois Supreme Court has ruled in affirming judgment.
Nursing home’s arbitration clause unenforceable
Published: September 5, 2012
Tags: arbitration, nursing home litigation, wrongful death
A nursing home sued for wrongful death could not enforce an “optional” arbitration agreement signed by the patient’s daughter upon her mother’s admission, the Kentucky Supreme Court has ruled in reversing judgment.
Nursing home can enforce arbitration clause
Published: August 13, 2012
Tags: arbitration, nursing home litigation, wrongful death
A nursing home could enforce an arbitration clause signed by a patient upon admission when her estate later sued for wrongful death, the 11th Circuit has ruled in reversing judgment.
