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Son’s Signature Didn’t Bind Nursing Home Resident to Arbitration

Feb. 12, 2020, 7:56 PM

An Arkansas nursing home resident’s representative won’t be forced to arbitrate medical negligence and breach of contract claims against the facility because neither the resident nor her representative signed an arbitration agreement, a state appeals court said.

The Arkansas Court of Appeals affirmed a lower court’s denial of Hickory Heights Health & Rehab LLC’s motion to compel arbitration of claims brought on behalf of Mary Young. Young’s son signed an arbitration agreement along with an admissions agreement when Young first entered Hickory Heights, the court said. But his signature wasn’t binding because he wasn’t Young’s designated representative at the time,...

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