In the Courts: PA Court Remands Case for Arbitration
September 26, 2014 | Aging Services Risk, Quality, & Safety Guidance
The Superior Court of Pennsylvania has reversed and remanded a case for referral to arbitration, consistent with an arbitration agreement between the resident and the owners and operators of a nursing home.
The resident was 54 years old when he was admitted to a rehabilitation hospital. A few weeks later, he was admitted to the nursing home, executing an arbitration agreement with the nursing home shortly thereafter. He lived at the facility until his death nearly four months after admission. The resident's brother sued the nursing home and rehabilitation hospital, alleging negligence, negligence per se, corporate negligence, wrongful death, and survivorship. The nursing home and its operators objected to the trial court's jurisdiction because...