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Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller
Edition 13ISBN: 978-1305087859Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller
Edition 13ISBN: 978-1305087859 Exercise 4
A Question of Ethics: Agreement to Arbitrate.
![A Question of Ethics: Agreement to Arbitrate. Nellie Lumpkin, who suffered from various illnesses, including dementia, was admitted to the Picayune Convalescent Center, a nursing home. Because of her mental condition, her daughter, Beverly McDaniel, filled out the admissions paperwork and signed the admissions agreement. It included a clause requiring parties to submit to arbitration any disputes that arose. After Lumpkin left the center two years later, she sued, through her husband, for negligent treatment and malpractice during her stay. The center moved to force the matter to arbitration. The trial court held that the arbitration agreement was not enforceable. The center appealed. [Covenant Health Rehabilitation of Picayune, LP v. Lumpkin, 23 So.3d 1092 (Miss.App. 2009)] (See page 42.) ? (a) Should a dispute involving medical malpractice be forced into arbitration? This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose such a requirement? Is there really any bargaining over such terms? Discuss fully. (b) Should a person with limited mental capacity be held to the arbitration clause agreed to by the nextof- kin who signed on behalf of that person? Why or why not?](https://d2lvgg3v3hfg70.cloudfront.net/SM2134/11eb9f6d_06a5_4cd5_b540_7b8092417a25_SM2134_00.jpg)
Nellie Lumpkin, who suffered from various illnesses, including dementia, was admitted to the Picayune Convalescent Center, a nursing home. Because of her mental condition, her daughter, Beverly McDaniel, filled out the admissions paperwork and signed the admissions agreement. It included a clause requiring parties to submit to arbitration any disputes that arose. After Lumpkin left the center two years later, she sued, through her husband, for negligent treatment and malpractice during her stay. The center moved to force the matter to arbitration. The trial court held that the arbitration agreement was not enforceable. The center appealed. [Covenant Health Rehabilitation of Picayune, LP v. Lumpkin, 23 So.3d 1092 (Miss.App. 2009)] (See page 42.)
?
(a) Should a dispute involving medical malpractice be forced into arbitration? This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose such a requirement? Is there really any bargaining over such terms? Discuss fully.
(b) Should a person with limited mental capacity be held to the arbitration clause agreed to by the nextof- kin who signed on behalf of that person? Why or why not?
Nellie Lumpkin, who suffered from various illnesses, including dementia, was admitted to the Picayune Convalescent Center, a nursing home. Because of her mental condition, her daughter, Beverly McDaniel, filled out the admissions paperwork and signed the admissions agreement. It included a clause requiring parties to submit to arbitration any disputes that arose. After Lumpkin left the center two years later, she sued, through her husband, for negligent treatment and malpractice during her stay. The center moved to force the matter to arbitration. The trial court held that the arbitration agreement was not enforceable. The center appealed. [Covenant Health Rehabilitation of Picayune, LP v. Lumpkin, 23 So.3d 1092 (Miss.App. 2009)] (See page 42.)
?
(a) Should a dispute involving medical malpractice be forced into arbitration? This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose such a requirement? Is there really any bargaining over such terms? Discuss fully.
(b) Should a person with limited mental capacity be held to the arbitration clause agreed to by the nextof- kin who signed on behalf of that person? Why or why not?
Explanation
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This case is of illness of a person, who...
Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller
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