California wrongful death plaintiffs can’t be compelled to arbitrate claims alleging a skilled nursing facility negligently performed its custodial duties, the state’s top court said.
State law requires arbitration of professional negligence claims, but not every claim against a health-care provider qualifies as such, the California Supreme Court said Thursday. The mandatory provision applies only when the claim is based on negligence in the provision of medical services.
Allegations of custodial neglect—a failure to attend to the basic needs of dependent adults—don’t raise a claim based on medical malpractice, so the arbitration rule doesn’t apply, the court said.
California lawmakers ...
Learn more about Bloomberg Law or Log In to keep reading:
Learn About Bloomberg Law
AI-powered legal analytics, workflow tools and premium legal & business news.
Already a subscriber?
Log in to keep reading or access research tools.