Arbitration Agreements Archives - Medical Malpractice Lawyers

Washington Appellate Court Refuses To Enforce Nursing Home’s Arbitration Agreement

September 3, 2026

In January 2020, 90-year-old Beverly became a resident at the senior care facility Aegis Living. During the admissions process, Beverly’s son, Robert Parker, executed several documents on behalf of Beverly as her medical power of attorney. Robert had little experience with contracts and was rarely[...]

Colorado Appellate Court Affirms Denial Of Arbitration Of Nursing Home Resident’s Injury Claim

August 19, 2026

In its June 4, 2026 Order Affirmed decision, the Colorado Court of Appeals affirmed an order from the trial court that denied a nursing home’s motion to order arbitration of a resident’s personal injury claim. The Colorado appellate court held that a medical durable power of attorney (MD[...]

Florida Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement, Finding Lack Of Mental Capacity

July 13, 2026

Joseph Moravia, as personal representative of his father Jacques Moravia’s estate, sued Dolphin Pointe and Clear Choice alleging his father died as a result of abuse and neglect while a resident at their nursing home. In response, Dolphin Pointe and Clear Choice moved to compel arbitration based o[...]

Ohio Supreme Court Rules Bad-Faith Claim By Medical Malpractice Insured Must Be Arbitrated

February 17, 2026

The Doctors Company Risk Retention Group Insurance Company (“TDC”) is an insurance company located in Napa, California. It provided a medical-malpractice insurance policy (“the policy”) to U.S. Acute Care Solutions, L.L.C. (“USACS”), a Delaware company with its principal place of busines[...]

Pennsylvania Appellate Court Refuses To Compel Arbitration Of Nursing Home Claim

February 5, 2026

The defendant nursing home filed preliminary objections in the nature of a petition to compel arbitration of the plaintiff’s nursing home claims. It attached an alleged arbitration agreement between the nursing home and plaintiff Jane Doe. According to the nursing home, Ms. Doe “willingly an[...]

17 Wrongful Death Lawsuits Filed Against Iowa Nursing Home Chain In 16 months

January 9, 2026

Care Initiatives, which operates 43 Iowa nursing homes, several assisted living centers, and several hospice locations in Iowa, reportedly has been sued for alleged wrongful death and negligence at least 17 times during a recent 16 month period. The Iowa Capital Dispatch reported: Parkridge Specialt[...]

California Supreme Court Discusses Enforcement Of Arbitration Agreements In Nursing Home Cases

September 28, 2025

As a general rule, plaintiffs cannot be compelled to arbitrate their disputes if they have not previously agreed toarbitration. But in Ruiz v. Podolsky (2010) 50 Cal.4th 838 (Ruiz), the California Supreme Court identified an exception for certain wrongful death claims based on medical malpractice. I[...]

Arkansas Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

March 28, 2025

On September 27, 2022, Donna Glover, as personal representative of the estate of Dorothy Frizzell and on behalf of the wrongful death beneficiaries of Frizzell, filed her complaint alleging that Frizzell was injured as a result of the care and treatment received at Greystone Nursing and Rehab. Frizz[...]

Iowa Nursing Home Lawsuit Alleges Wrongful Death Of Resident Who Was Having Difficulty Breathing

December 29, 2024

A wrongful death medical malpractice lawsuit, the second in recent months, has been filed against an Iowa nursing home for the death of a 58-year-old resident who was admitted just four days prior for rehabilitation following a leg amputation. The family’s lawsuit was filed against Parkridge S[...]

Florida $2M Medical Malpractice Arbitration Award Set Aside

September 13, 2024

Background Facts On July 30, 2020, Mauricio Polifroni presented to North Shore Medical Center after suffering a stroke. His condition deteriorated and he died thirteen days after admission. North Shore Medical Center (“North Shore”) and Clara Navarro, Polifroni’s wife, agreed to participate in[...]

Florida Appellate Court Enforces Arbitrator’s Award Against Physician and Hospital For Medical Malpractice

September 5, 2024

Background After a family member’s death during hospitalization, the personal representative filed a medical negligence action against five physicians, including Patrick Regan, D.O. and two hospitals, including Lawnwood Medical Center, Inc., and related entities. The circuit court referred all iss[...]

California Appellate Court Decides Not To Enforce Nursing Home Arbitration Agreement Based On Agency

August 28, 2024

The Court of Appeal, Fourth Appellate District Division One State of California (“California Appellate Court”) stated in its opinion filed on June 25, 2024: “Here, the extrinsic evidence assembled by Villa Mesa fails to demonstrate the required actual or ostensible agency. Villa Me[...]

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Category: Arbitration Agreements