Blankfield v. Richmond Health Care, Inc.
Florida Court of Appeal
902 So. 2d 296 (2005)
Riva Blankfield (plaintiff) was admitted to Sunrise Health and Rehabilitation Center (Sunrise) (defendant). Melvin, Blankfield’s son (plaintiff) signed the admittance agreement, which stated that any disputes between the parties would be resolved through binding arbitration conducted pursuant to the rules of the National Health Lawyers Association (NHLA). NHLA rules required clear and convincing evidence of misconduct, which effectively eliminated any potential claims for negligence. Blankfield sued Sunrise alleging negligent care. Sunrise filed a motion to compel arbitration. The trial court granted the motion. Following Blankfield’s death, Melvin appealed. Melvin argued that the NHLA rules were contrary to the Nursing Home Residents Act (the act) and thus were void. The act provided private remedies for negligent care by nursing homes. The act was enacted in response to a widespread investigation of nursing homes that found a lack of acceptable care.
Rule of Law
Holding and Reasoning (Per curiam)
Concurrence (Farmer, C.J.)
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