Arbitration Clause Binds Estate in Suit Against Nursing Home

A nursing home resident’s estate must arbitrate claims that a New Mexico facility’s failure to provide her with continuous care led to the resident’s death, a federal court said.

An arbitration clause in a residence and care agreement executed by Phyllis Montoya’s adult children when she was admitted to Pacifica Rosemont LLC was binding on the estate, the US District Court for the District of New Mexico said.

Montoya entered Pacifica Rosemont in 2019. She was 93-years old and had dementia, macular degeneration, and persistent atrial fibrillation. Montoya required continuous care, but she was allegedly left unsupervised and fell out ...