Reg’l Care of Jacksonville, LLC v. Henry

Shirley Henry, as special administrator of the Estate of Lucill Betncourt, filed a complaint against a nursing-home facility (Woodland Hills) asserting, among other claims, negligence, medical malpractice, and violations of the Arkansas Long-Term Care Residents’ Act. Woodland Hills moved to dismiss and to compel arbitration of these claims, relying on arbitration clauses found in the admission agreements that Betncourt, Betncourt’s husband, and Henry signed when Betncourt entered the facility eight times in a four-year period. The circuit court denied Woodland Hills’ motion to dismiss and compel arbitration, concluding that mutuality of obligation was lacking. The Supreme Court affirmed, holding that the arbitration clause offended the law requiring mutuality of obligation and could not be enforced because Woodland Hills reserved the right to litigate billing or collection disputes and thus excluded from arbitration the only claim it might have against a resident.View "Reg'l Care of Jacksonville, LLC v. Henry" on Justia Law