Arbitration, Agency, Enforceability, Section 1281.2: Nursing Facility Is Unable To Enforce Arbitration Provision Because Children's Claims Were Not Subject To Arbitration

And Prospect Of Inconsistent Results Meant Father's Claims Could Not Be Arbitrated While Children's Claims Were Litigated.

        Nursing homes continue to be a fertile source of cases concerning the enforcement of arbitration clauses. This is not surprising, because a patient, especially an elderly patient, who enters a nursing facility may be infirm or incompetent; when the patient enters the home, i's may not be dotted and t's may not be crossed; and, bad things can happen in nursing homes. The latest published California opinion involving a nursing home and the enforceability of an arbitration provision is Valentine v. Plum Healthcare Group, LLC, et al., C080940 (3rd Dist.  7/25/19) (Raye, Hull, Hoch). Valentine combines certain of the factual elements that seem to lead to enforceability of arbitration issues: an elderly patient who may be confused, arbitration provisions, and a terrible medical outcome.

    In Valentine, a woman was admitted to a nursing home. Her husband handled the paperwork, signing documentation providing for arbitration of his claims as successor and as individual. As a result of alleged neglect, the woman's condition deteriorated, resulting in sepsis, and she died of cardiac arrest.

        The trial court held that the husband did act as an agent to bind his wife, because evidence did not show she had created an agency. However, the husband was bound by arbitration agreements to arbitrate his claims as an individual and as a successor to his wife's claims. But the children, who were not parties to an arbitration agreement, were not bound to arbitrate their individual claims for wrongful death or for negligent infliction of emotional distress. Because arbitration of the husband's claims, which were subject to a valid arbitration clause, could have led to inconsistent results if the children's claims were separately litigated, the trial court acted within its discretion when it denied a petition to arbitrate pursuant to CCP section 1281.2. AFFIRMED.

Florence Nightingale. c1856. Library of Congress.