Arbitration Agreements Archives - Page 3 of 11

Recoverable Damages In Negligent Reproductive Health Care Cases

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

August 17, 2022

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its opinion filed on May 27, 2022, refused to enforce a nursing home arbitration agreement between the defendant nursing home and its former resident because the nursing home arbitration agreement directed that the &[...]

Georgia Appellate Court Affirms Hospital’s Arbitration Agreement Did Not Apply To Unborn Baby’s Malpractice Claim

May 14, 2022

Jacqueline Kingston van Engelen (“Jackie”) went to Emory Healthcare, Inc.’s Emory Johns Creek Hospital with vaginal bleeding on July 10, 2019, while she was 31 weeks pregnant. She was discharged but returned the next morning on July 11, 2019, this time with vaginal bleeding and con[...]

Kaiser Permanente Held Liable For Death Of Former Tennis Star

April 25, 2022

On February 11, 2022, Kaiser Permanente Medical Group (“Kaiser Permanente”) was found by an arbitrator to be liable for the medical malpractice wrongful death of former professional tennis player Ken Flach. The arbitrator awarded Flach’s widow, Christina, and their four children $2[...]

California Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

April 14, 2022

In its unpublished opinion dated February 16, 2022, the Court of Appeal of the State of California First Appellate District Division Five (“California Appellate Court”) held: “We agree with the trial court that the plaintiffs are not bound by an arbitration agreement signed by Debb[...]

Is $250,000 Fair Or Just Compensation For A Child’s Brachial Plexus Birth Injury Due To Medical Negligence?

February 22, 2022

California law limits noneconomic damages in medical malpractice cases to $250,000. That amount has not been increased since California’s Medical Injury Compensation Reform Act {“MICRA”) was signed into law in 1975. Specifically, Civil Code Section 3333.2 limits recovery for noneconomi[...]

Florida Appellate Court Finds Assisted Living Facility’s Arbitration Agreement Not Unconscionable

December 24, 2021

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held in its Octiber 13, 2021 opinion that “the trial court erroneously concluded that the [defendant assisted living facility’s] arbitration agreement is unconscionable.” Underlying Fact[...]

Illinois Appellate Court Holds Trial Court Was Required To Hold Hearing On Validity Of Nursing Home Arbitration Agreement

October 30, 2021

In its Order filed on September 30, 2021, the Appellate Court of Illinois First District Fourth Division (“Illinois Appellate Court”) held that where a nursing home resident sued the nurse, nursing home and management company for injuries sustained from a fall, and defendants moved to di[...]

Florida Appellate Court Refuses To Apply Prohibitive Cost Defense In Ordering Nursing Home Arbitration

October 12, 2021

In its opinion filed on August 23, 2021, the First District Court of Appeal State of Florida (“Florida Appellate Court”) stated, “we affirm the trial court’s order compelling the parties to proceed with arbitration. Further, as to whether prohibitive cost can be a stand-alone def[...]

Federal Appellate Court Upholds CMS’ Revised Rule Regarding LTC (Nursing Home) Arbitration Agreements

October 8, 2021

The United States Court of Appeals for the Eighth Circuit (“Federal Appellate Court”), in its opinion dated October 1, 2021, affirmed the decision of the district court granting summary judgment in favor of the U.S. Department of Health and Human Services (HHS) and the Centers for Medica[...]

Illinois Appellate Court Requires Arbitration Of Nursing Home Resident’s Death Claim

October 7, 2021

In its Order filed on September 14, 2021, the Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) held in a nursing home negligence case involving the death of a resident in which the nursing home was seeking an order that the claim be arbitrated: “the circumst[...]

Pennsylvania Appellate Court Vacates Nursing Home Survival Action Arbitration Order

August 30, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential Memorandum decision filed on August 5, 2021 in a nursing home survival action, “we vacate the order referring the survival action to arbitration and remand the case to the trial court[...]

Pennsylvania Appellate Court Sends Nursing Home Survival Claim To Arbitration

August 23, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential opinion filed on July 30, 2021 in a nursing home wrongful death case: “there is nothing in the record to indicate the POA Agreement was invalid … Frank thus had express authorit[...]

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Category: Arbitration Agreements