Ohio Court of Appeals Upholds Lower Courts Arbitration Agreement Ruling
a trial courtâ€™s decision, an Ohio court of appeals ruled that a nursing home
arbitration agreement signed by a residentâ€™s daughter is â€œsubstantially
conscionable and otherwise valid and enforceable.â€
appellant was admitted to Winchester Place Nursing & Rehabilitation Center
in 2008 after a hospital stay, her daughter signed the admission documents for
herâ€”including an arbitration agreement. Approximately two weeks after her
admission, the appellant was administered a drug that contained sulfa, to which
she has a known allergy. The appellant sustained injuries due to the
development of Stevens-Johnson syndrome.
the appellant filed a complaint alleging negligence and medical malpractice.
Based on the arbitration agreement, the facility filed a motion to stay
proceedings until arbitration was conducted. In 2011, a trial court ruled in
favor of the facility. The appeals court upheld this ruling in Irene
Harrison v. Winchester Place Nursing & Rehabilitation Center et al.