Ohio Court of Appeals Upholds Lower Courts Arbitration Agreement Ruling

Upholding
a trial court’s decision, an Ohio court of appeals ruled that a nursing home
arbitration agreement signed by a resident’s daughter is “substantially
conscionable and otherwise valid and enforceable.”

When the
appellant was admitted to Winchester Place Nursing & Rehabilitation Center
in 2008 after a hospital stay, her daughter signed the admission documents for
her—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.

In 2010,
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
.

 

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