Nursing Home Lawsuit Refused Arbitration For Wrongful Death Suit

Biloxi nursing home cannot force a wrongful death suit into arbitration

Kentucky Nursing Home Prohibited from Seeking Arbitration in Negligence Case

September 27, 2017
The Kentucky Court of Appeals has denied an attempt by Genesis Healthcare to seek arbitration in a case in which the sister of patient in a Genesis nursing home facility has accused the company of negligence.

The decision affirms a lower court’s ruling that Genesis may not compel arbitration because Mable Stevens, the sister of patient Reba Price, had not been granted the power to execute an arbitration agreement in the power of attorney document.

The court cited legal statute that expressly prohibits arbitration when power of attorney clauses do not explicitly grant it. In this case, Price was not found to have granted Stevens any authority to arbitrate on her behalf.

At issue in the case is whether a Genesis facility was negligent in its treatment of Price.

The lawsuit is now free to proceed under the original charges that Stevens has brought against Genesis.

If you believe that a loved one has been mistreated or neglected in a nursing home, you may have a case. The attorneys at Adams Fietz specialize in cases of nursing home abuse, and we can help you with yours. There are no finer elder care attorneys in Sonoma County. Call today for your free consultation.

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