Ky. Nursing Home Can’t Arbitrate Negligence Case

Law360, New York (September 25, 2017, 7:48 PM EDT) -- A nursing home’s bid for arbitration in a suit alleging negligence was denied on Friday by a Kentucky Court of Appeals panel, saying the power of attorney given to the patient’s sister did not authorize her to execute an arbitration agreement.

In a published decision, the three-judge panel affirmed a McCracken Circuit Court judge’s denial of Genesis Healthcare LLC’s motion to compel arbitration in a suit brought by estate administrator Mable Stevens. Stevens accuses a Genesis-owned nursing home of providing negligent treatment for her sister, Reba Price.

Although the trial judge erroneously denied the arbitration bid due to the unavailability of...

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