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Tag Archives: Nursing Home

Arbitration agreement proved too specific

Arbitration agreements that require all disputes to go through a chosen arbiter can save companies a lot of money and uncertainty—provided, of course, they make sure that the arbitrator they’ve chosen is willing to take the case. One nursing home overlooked that little detail, and got an unpleasant surprise when it learned the agreement wasn’t worth the paper it was printed on.

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Arbitration – Nursing Home – Separate Agreement – Power of Attorney

SSC Statesville Maple Leaf Operating Co. v. Morgan Pursuant to a power of attorney from his mother, defendant executed both an admission form and a separate dispute resolution agreement (DRA) when he admitted his mother to plaintiff’s facility. As defendant’s wrongful death claim arises out of his mother’s treatment at plaintiff’s facility, the claim is subject to the arbitration clause in the DRA.

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