In Belhaven Senior Care, LLC v. Smith, the unanimous panel of the Supreme Court of Mississippi affirmed a decision to deny Belhaven’s motion to compel the arbitration of a negligence and wrongful death suit, ruling on the merits of the trial court’s order which found that Betty Smith didn’t have the legal authority to bind her mother to the agreement. Consequently, those involved can now take matters to court. Recent debates over arbitration agreements have forced courts and lawmakers alike to determine who can enter as a representative of a nursing home resident and whether they can be authorized as a condition of admission.
The Background of The Dispute Will Give You a More Detailed View
Betty Smith filed a negligence and wrongful death suit against Belhaven Senior Care, LLC, a senior living provider in Jackson, Mississippi, that makes available short- and long-term care. Her mother, Mary Hayes, resided at the nursing home briefly. Regrettably, she passed away due to the facility’s failure to keep her safe. Betty Smith alleged gross negligence, medical malpractice, and statutory survival claims in her complaint. Belhaven sought to resolve the lawsuit before going to court through an alternative form of dispute resolution. They postulated the following argument on appeal: under the Health-Care Decisions Act, Smith acted as a default healthcare surrogate. Therefore, Betty Smith gave up her right to arbitrate the dispute in signing the admission agreement.
Nevertheless, Belhaven judges that Mary Hayes was incapacitated, despite the fact that when she was admitted to the nursing home, she wasn’t evaluated by a physician. There’s no evidence whatsoever that a physician evaluated the decision-making capacity of the patient during her stay of more than a year. Mary Hayes died in June 2020. As the administrator of her mother’s estate, Betty Smith filed a complaint against Belhaven in the Hinds County Court Circuit Court. The nursing home sought arbitration, which the circuit court denied, so Belhaven tried to raise specific errors that might have occurred at trial. The court clarified that Betty Smith didn’t qualify as her mother’s healthcare surrogate, so there was no valid contract.
Should You Sign a Nursing Home Arbitration Agreement?
When placing a loved one in a nursing home, you may be asked to sign an arbitration agreement, which states that if a problem should arise, the disagreement will be settled in arbitration rather than in court. The deal enables the healthcare facility to bypass a judge and jury in the event of neglect and abuse, which means that arbitrators can hide behind closed doors. If the dispute is eligible for arbitration, the motion to compel arbitration is filed in the district where the arbitration will occur. The process is different from typical litigation, so it’s important to have a Hernando personal injury lawyer to represent you during the subject matter if Mississippi is where the hearings take place. The arbitrator reviews the evidence and determines how much damages are awarded.
Over the past couple of years, there has been visible hostility towards arbitration, with states actively working to make it an ineffective option for nursing home operators. Healthcare facilities should strengthen their agreements by encouraging family members to seek the advice of a lawyer prior to admission to ensure they understand what they agree to. It’s possible to pursue negligence and wrongful death claims in court, knowing you’ve taken steps to seek justice and recover damages. It offers a sense of closure.
