Earlier this month, the District Court of Appeal of Florida’s Second District issued a written opinion in a nursing home negligence case, invalidating an arbitration agreement signed by one of the resident’s sons. As a result of the court’s decision, the estate of the deceased resident will not be required to argue their claim in front of an arbitration panel, and may file a personal injury case in the Florida court system.
The nursing home resident was admitted into a nursing home in 2013. Before admission, her son, who had valid power of attorney for his mother, signed the nursing home contract. Included in the contract was an arbitration clause by which the parties agreed any claims arising from the resident’s admission would be settled through arbitration rather than the court system.
Later, the nursing home was acquired by another company. The nursing home claimed that a subsequent agreement was made to replace the old nursing home’s name with the new nursing home’s name. However, this was never admitted into evidence. At some point the resident was injured while in the care of the new nursing home and her estate later filed a personal injury claim against the nursing home.