In the Courts: Court Finds Sufficient Evidence of Fraudulent Misrepresentation in Nursing Home’s Presentation of Arbitration Agreement

August 24, 2018 | Aging Services Risk, Quality, & Safety Guidance

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In a wrongful-death lawsuit against a nursing home, the Nebraska Supreme Court has found that the plaintiff presented sufficient evidence to support his claim that the nursing home engaged in fraudulent misrepresentation in presenting an arbitration agreement to the resident's attorney-in-fact. In so ruling, the higher court found that the arbitration agreement was not binding on the resident or her estate.

The resident had dementia and was 88 years old when she and her husband were admitted to the nursing home. During admission, the resident's husband signed the arbitration agreement, among other paperwork, as the resident's attorney-in-fact. The resident died about four and...

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