On September 22, the Florida Supreme Court issued an important decision for anyone who lives in a nursing home. The Court ruled that an arbitration agreement signed by a family member, but not the resident, was not binding on the latter. This is welcome news for victims of nursing home abuse and medical malpractice who are frequently denied their access to the courts by unfair, one-sided arbitration agreements.

“Third Party Beneficiary” Rule Does Not Apply to Former Nursing Home Resident

The plaintiff in this case is the estate of a now-deceased man who resided in a nursing home operated by the defendant. The decedent entered the nursing home in 2009. The decedent’s son signed the admission contract, which included a binding arbitration clause.

Approximately two years later, according to the estate’s lawsuit, the decedent “developed an eye infection” and eventually the eye had to be surgically removed. He later sued the defendant, alleging its negligence led to the infection and subsequent loss of his eye. The decedent passed away while the litigation was pending, so his estate continued the case.

The defendant moved to enforce the arbitration clause. The estate argued the decedent never signed any agreement waiving his right to sue the defendant. A trial court in Miami-Dade County disagreed, holding the decedent was the “intended third-party beneficiary” of the admission contract signed by the son and was therefore bound by its terms, including the arbitration clause.

The estate appealed but the Florida Third District Court of Appeal upheld the trial judge’s decision. The Florida Supreme Court then agreed to review the case, because the Third District’s decision conflicted with the law as applied by three other intermediate appellate courts in the state. By a 5-2 vote, the Supreme Court sided with those other courts and reversed the Third District’s ruling.

The Supreme Court explained the third-party beneficiary rule was incorrectly applied by the Third District. The idea is that a non-contracting third party may “enforce a contract against a contracting party—not the other way around.” Two parties cannot bind a third party to a contract merely by conferring some benefit on him, as was the case here.

The Supreme Court noted it would never “enforce an admission agreement if a nursing home obtained a resident’s signature by threatening violent destruction of the resident’s property unless the resident signed the agreement.” Indeed, it is a well-settled principle of law that any contract obtained through “threat or duress” is invalid. By that same logic, the Supreme Court said it saw no reason to enforce a contract “in the absence of a party’s agreement altogether.”

Get Advice From a Florida Nursing Home Abuse Attorney

The Supreme Court’s decision does not mean there are never cases where a family member can bind a nursing home resident to an arbitration agreement. If the resident is under a legal guardianship or has expressly authorized an agent to act on his or her behalf, said guardian or agent could sign a binding arbitration agreement. But that was not what happened in the case discussed above.

If you or a family member are involved in a case involving negligence or abuse on the part of a nursing home, it is important you receive professional legal advice. Contact the Law Office of Paul B. Genet, P.A., at 727-510-8802 today if you would like to speak with a qualified Clearwater medical malpractice lawyer today.

Nursing home abuse is sadly an all-too-common problem in Florida. Many elderly nursing home residents are victims of abuse, neglect, and poor living conditions. To protect themselves, many nursing homes try to avoid abuse-related lawsuits by pressuring residents to agree to binding arbitration. In many cases, a nursing home resident may sign away valuable legal rights without realizing it.

Nursing Home Not Entitled to Benefit From Assisted Living Facility’s Agreement

While courts generally will enforce nursing home arbitration agreements, there are limits, and victimized residents (and their families) should not hesitate to challenge bogus arbitration demands. Here is a recent example from here in Florida. This case actually involves the estate of a now-deceased former nursing home resident who was allegedly the victim of negligence.

The decedent originally signed an arbitration agreement when she became a resident of an assisted living facility (ALF) in Brandon, Florida. This agreement required “any and all claims or controversies” arising from the decedent’s “stays at the Facility” be submitted to binding arbitration. In the event the decedent was “transferred” and later “readmitted” to the facility, the arbitration agreement would still apply to “this and all future admissions.”

At some point, the decedent was transferred from the ALF to a skilled nursing facility (SNF) located in the same retirement community. It was during her stay at the SNF that she allegedly suffered her injuries. When the decedent’s estate subsequently sued the SNF, it argued that its “affiliation” with the ALF entitled it to the benefits of the arbitration agreement. A trial court agreed and granted the SNF’s motion to compel arbitration.

But the Florida Second District Court of Appeals disagreed and reversed the trial judge’s decision. The SNF was not a party to the arbitration agreement. Nor was it in an “identified class of persons expressly intended to benefit from the arbitration agreement,” according to the Second District. And even if it was an intended third-party beneficiary, the Second District said the claims raised by the estate’s lawsuit still do not fall within the scope of the arbitration agreement.

The agreement itself specifically refers to controversies arising from the decedent’s stay at “this Facility,” meaning the assisted living facility and not the SNF, the Second District concluded. Nor does the “readmission” language apply to this case, as the decedent’s admission to the SNF was a separate event, not a readmission to the ALF. Accordingly, the Second District said the estate could proceed with its lawsuit against the SNF.

Get Advice From a Florida Nursing Home Abuse Attorney

Nursing home abuse can be devastating for victims and their families. When you entrust a loved one to a nursing or assisted living facility, you expect them to be well care for. If that is not the case, you should have access to the courts to seek justice. Arbitration agreements have their place, but not when a person has not freely and expressly agreed to waive their constitutional rights. If you have questions or concerns about how your own family members are being treated and need to speak with an experienced Clearwater nursing home abuse attorney, contact the Law Office of Paul B. Genet, P.A., today at 727-510-8802.