Professional Documents
Culture Documents
Page.
several documents related to his admission, in- ruled that did not change the fact there is still a
cluding an arbitration agreement. strong public policy in favor of alternative reso-
Slightly more than three years later, after the lution of disputes in the healthcare arena.
resident had died, the same daughter, acting as The basic AAA arbitration agreement
executor of her late father’s probate estate, filed signed in this case called for the arbitration to
a lawsuit against the nursing facility alleging that proceed by the AAA rules, and that was how it
her father’s death was caused by negligence would proceed, the Court said, even if the AAA
committed at the facility. itself would not be involved.
The nursing home countered the daughter’s No Problem With the Agreement
civil lawsuit by asking the court to take the case The arbitration agreement was separate from
off the jury trial docket so that it could be re- the rest of the admission papers, was clearly la-
solved by alternate dispute resolution, that is, by beled as a arbitration agreement, was presented
arbitration based on the arbitration agreement. to the daughter for her voluntary signature, urged
AAA Has Changed Its Position On her to consult with her attorney before signing
Pre-Dispute Arbitration Agreements and was not held out as a condition of admitting
One of the estate’s arguments against arbi- or keeping her loved one in the facility.
tration was that the American Arbitration Asso- The daughter had the opportunity to read the
ciation (AAA), a widely used provider of arbitra- arbitration agreement, knew what it meant and
tion forms and arbitration services, recently signed it voluntarily. Like any other contract,
changed its official position and will no longer the arbitration agreement was entitled to enforce-
handle arbitrations where the arbitration agree- ment at the nursing facility’s behest, the Court
ment, as in this case, was signed before the ac- ruled. Westmoreland v. High Point, __ S.E. 2d __ ,
2012 WL 120043 (N.C. App., January 17, 2012).
Legal Eagle Eye Newsletter for the Nursing Profession February 2012 Page 8
More legal Information for nurses is available at Legal Eagle Eye Newsletter for the Nursing Profession Home Page.