Lawyers USA Online » nursing home litigation

Estate isn’t bound by nursing home’s arbitration clause

Pat Murphy — Thu, 07 Mar 2013 17:36:56 +0000

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.

The plaintiff admitted his mother to the defendant’s nursing home. At the time, the plaintiff signed an admission contract as
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Fla. nursing home could demand arbitration

Pat Murphy — Wed, 20 Feb 2013 18:31:04 +0000

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.

The plaintiff is the estate of a patient who died while a resident of the defendant’s nursing home. The plaintiff sued
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Benchmarks: Can health care surrogate bind patient to arbitration?

Pat Murphy — Fri, 25 Jan 2013 15:28:18 +0000

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.

Many states have enacted
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Nursing home can’t enforce arbitration clause

Pat Murphy — Thu, 24 Jan 2013 17:13:41 +0000

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.

The plaintiff admitted her husband to the defendant’s
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Arbitration clause unenforceable due to loss of forum

Pat Murphy — Fri, 11 Jan 2013 17:40:28 +0000

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.

The plaintiff’s husband died after being admitted to the defendant’s nursing home. When the plaintiff
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Excess insurer can sue for underlying legal malpractice

Pat Murphy — Wed, 21 Nov 2012 17:52:35 +0000

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.

The estate of a former nursing home resident sued for negligent care. The nursing home’s primary insurance carrier
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Nursing home can’t arbitrate wrongful death suit

Pat Murphy — Tue, 20 Nov 2012 17:52:28 +0000

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.

A resident of the defendant’s nursing home died as a result of injuries suffered when she was thrown from a wheelchair.
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Estate isn’t bound by nursing home arbitration clause

Pat Murphy — Mon, 24 Sep 2012 17:36:15 +0000

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.

The plaintiff is the special administrator of the estate of an elderly patient who died while
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Nursing home’s arbitration clause unenforceable

Pat Murphy — Wed, 05 Sep 2012 17:40:10 +0000

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.

The plaintiff’s elderly mother was admitted to the defendant’s nursing home after she was incapacitated by a stroke.
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Nursing home can enforce arbitration clause

Pat Murphy — Mon, 13 Aug 2012 14:33:23 +0000

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.

The patient was admitted to a nursing home in Alabama after suffering a major heart attack. At the time of
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