{"id":421,"date":"2015-09-15T10:00:03","date_gmt":"2015-09-15T15:00:03","guid":{"rendered":"http:\/\/www.chicagonursinghomelawyersblog.com\/?p=421"},"modified":"2019-10-21T05:33:19","modified_gmt":"2019-10-21T10:33:19","slug":"appellate-court-agrees-that-arbitration-agreement-was-inapplicable-to-wrongful-death-claim-of-residents-beneficiary","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/nursing-home-lawyer\/appellate-court-agrees-that-arbitration-agreement-was-inapplicable-to-wrongful-death-claim-of-residents-beneficiary\/","title":{"rendered":"Appellate Court Agrees that Arbitration Agreement was Inapplicable to Wrongful Death Claim of Resident\u2019s Beneficiary"},"content":{"rendered":"<p>A Kentucky Appellate Court has held that an admission agreement\u2019s arbitration clause signed by the resident\u2019s son at the time of her nursing home admission did not apply to the son\u2019s subsequent wrongful death lawsuit against the nursing home and its operators.<\/p>\n<p>John Cox III signed an agreement to admit his mother Elizabeth Cox to the Kindred Nursing Centers. The agreement included a clause, as do many nursing home agreements, authorizing arbitration of claims against the nursing homes. After Elizabeth died, her son brought a lawsuit against the nursing home and its operators claiming wrongful death and other claims of nursing home abuse and resulting damages.<\/p>\n<p>The nursing home and its operators moved to compel arbitration. The trial judge granted the motion as to all claims except the plaintiff\u2019s wrongful death action.<\/p>\n<p> <a href=\"https:\/\/www.robertkreisman.com\/nursing-home-lawyer\/appellate-court-agrees-that-arbitration-agreement-was-inapplicable-to-wrongful-death-claim-of-residents-beneficiary\/#more-421\" class=\"more-link\">Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Kentucky Appellate Court has held that an admission agreement\u2019s arbitration clause signed by the resident\u2019s son at the time of her nursing home admission did not apply to the son\u2019s subsequent wrongful death lawsuit against the nursing home and its operators. John Cox III signed an agreement to admit his mother Elizabeth Cox to [&hellip;]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[29,19,27],"tags":[],"class_list":["post-421","post","type-post","status-publish","format-standard","hentry","category-arbitration-clauses","category-illinois-nursing-home-care-act","category-wrongful-death"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Appellate Court Agrees that Arbitration Agreement was Inapplicable to Wrongful Death Claim of Resident\u2019s Beneficiary &#8212; 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