Should a dispute involving medical malpractice be forced into arbitration?

 

Should a dispute involving medical malpractice be forced into arbitration?

 

 

 

Business management

Nellie Lumpkin who suffered from various illnesses, including dementia, was admitted to the Picayune Convalescent Center, a nursing home in the State of Mississippi. Because of her mental condition, her daughter Beverly McDaniel, filled out the admissions paperwork and signed the admissions agreement. It included a clause requiring parties to submit to arbitration any disputes that arose. After Lumpkin left the center two years later she sued through her husband, for negligent treatment and malpractice during her stay.. The center moved to force the matter to arbitration. The trial court help that the arbitration agreement was not enforceable. The center appealed.

(a) Should a dispute involving medical malpractice be forced into arbitration?

(b) Should a person with limited mental capacity be held to an arbitration clause agreed  to by the next of kin who signed on behalf of that person?

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