Blankfield v. Richmond Health Care, Inc.
Florida Court of Appeal
902 So. 2d 296 (2005)
Facts
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
Issue
Holding and Reasoning (Per curiam)
Concurrence (Farmer, C.J.)
What to do next…
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
