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Nursing Home Can't Show Patient Incapacity In Arbitration Bid

Law360, Los Angeles (September 13, 2017, 1:27 PM EDT) -- An en banc Mississippi state appellate court said Tuesday that a nursing home cannot force a wrongful death suit into arbitration, ruling the patient’s wife did not have the authority to sign an arbitration agreement because the patient’s doctor had not directly stated the patient was unable to make decisions for himself.

The estate of Jack Howard Bankston will be able to proceed in court with its suit against CLC of Biloxi, also known as the Biloxi Community Living Center, after the appellate court ruled that...
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