More On Powers of Attorney, Arbitration Agreements, and Wrongful Death
Where the person who executed an arbitration agreement in connection with decedent’s admission to a nursing home had a power of attorney for decedent, but that power of attorney did not mention the...
View ArticleNursing home arbitration agreement ruled unenforceable.
In a recent HCLA case, the Court of Appeals affirmed the trial court’s denial of defendant’s motion to compel arbitration, agreeing that the arbitration agreement was an unenforceable contract of...
View ArticleStatutory immunity provisions related to health care powers of attorney did...
Where an arbitration agreement had been signed by a decedent’s attorney in fact upon the decedent’s admission into a nursing home, and on a motion to compel arbitration filed by the nursing home the...
View ArticleOptional arbitration agreement not a healthcare decision.
A healthcare power of attorney does not give the attorney-in-fact authority to sign an optional arbitration agreement on behalf of a patient. In Hall v. Quality Center for Rehabilitation and Healing,...
View ArticleOptional arbitration agreement at nursing home was legal decision.
Signing an optional arbitration agreement during the process of signing other nursing home admission paperwork is a legal decision, not a healthcare decision, according to the Tennessee Supreme Court....
View ArticleLaw Firm Seeks to Enforce Arbitration Agreement in Legal Malpractice Case
Apparently, at least in Georgia, Morgan & Morgan requires is clients to sign a fee agreements wherein the client waives the right to a jury trial in the event the client brings a claim against the...
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