Home -> Law Blog Directory -> Arbitration & Mediation Blogs -> Florida Arbitration Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Arbitration & Mediation
: Florida Arbitration LawTennessee Court Denies Arbitration for Nursing Home Resident (signed by 2 daughters)
By Christopher B. Hopkins, Esq.
The case of Nina McKey, Administratrix of Estate of Ruby Irene Brewer v. National Healthcare Corp et al., out of Tennessee, gives us yet another example of a court declining to enforce arbitration in the nursing home setting when signed by a family member who has not been designated or appointed to sign on behalf of the resident. This case turns on specific Tennessee law but does show the court is looking at other familiar cases from other states. That said, we're curious why there is no discussion of enforcement through arguments such as third party beneficiary status.
In this case, the adult daughters sign the resident into the facility and, in doing so, agree to arbitration. Neither daughter has any written authority to sign on behalf of the resident although all sides admit the resident was incompetent. There is an errant form in the nursing home paperwork that says the adult children could sign for the resident. Both trial and appellate court declined to enforce.
Avoiding a long discourse on Tennessee statutory law, the court decided that the requirements were not met because their statute required physician-confirmation of incompetence and some documentation in the physician's records to that end. None existed here.
The court looked at the Texas decision, In Re Ledet, but declined to follow because Texas has different statutory rules. Likewise, the court found that the Mississippi case of Picayune v. Brown was factually different since, therein, there was a physician note regarding incompetence. No reference was made, however, to Florida's Fourth DCA's decision in Blankfeld v. Richmond Health.
The take-away message appears to be that, depending upon the controlling state statute, the greatest likelihood of enforcing arbitration signed by a statutory surrogate is to have written confirmation from a physician that the resident/ward's is incompetent.
Full post as published by Florida Arbitration Law on October 08, 2008 (boomark / email).
Nursing Homes
Types of Retirement Facilities and Payment Options
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
House Closing
Sealing a home sale
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Nursing Homes
Many state agencies have reported incidents of negligent care of nursing home residents resulting in death.
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
$11,000,000 Verdict Awarded in Nursing Home Wrongful Death Suit
$11,000,000 Verdict Awarded in Nursing Home Wrongful Death Suit
Skilled Health Care Faces $670 Million in Damages over Nursing Home Violations
Skilled Health Care Faces $670 Million in Damages over Nursing Home Violations
Nursing Home Abuse
New Data Made Public
Champaign County, IL
$19,000 settlement reached in troubled nursing home suit.

Arbitration Agreements UPDATED
Veterans Home Cited for Neglect
Nursing Home Lobbyists Want to Limit Nursing Home Residents Access to the Justice System
Arbitration clauses: sorting through the clutter
Nursing Homes Hope to Limit Residents Rights; Congress May Take Action









