Kentucky Nursing Home Negligence suit
Kentucky Nursing Home Suit Proceeds to Arbitration
July 17, 2017
A negligence lawsuit filed by a nursing home patient in Kentucky will proceed to arbitration, a Kentucky appeals court has ruled. The court issued the ruling on the basis of a recent decision by the U.S. Supreme Court.
In the case, Rayetta Smith brought claims of negligence against Regis Woods Care and Rehabilitation Center on behalf of her mother, Janie Free. Smith alleged that Free received injuries while in Regis’s care, and that the center violated her mother’s nursing home patients’ rights law.
The recent Supreme Court ruling holds that arbitration agreements are no different than other kinds of contracts. The ruling negates a Kentucky state law that arbitration agreements signed by people with power of attorney waive the principal’s right to a jury trial unless explicitly authorized by a “clear statement.”
The reversal of the Kentucky law means that Smith’s case may proceed to an arbitration hearing that will determine the amount of the settlement, if any, that she and her mother are entitled to receive.
If you care for a loved one who has suffered at the hands of a nursing home, or if you believe that a loved one has endured nursing home abuse, contact TheLawFirm.com. We specialize in these cases, and want to help you seek justice.
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