West Virginia Supreme Court

Law would enforce nursing home malpractice caps

By

In a case that could have broad implications for providers nationwide, West Virginia lawmakers on Wednesday inched closer to passing a law that could place caps on jury awards in nursing home malpractice suits.

Top state court says arbitration agreement doesn't prevent family member from suing

By

The child of a deceased long-term care resident is not bound to an arbitration agreement because she signed it on behalf of her mother — not herself — an Illinois court ruled Thursday.

West Virginia courts incorrectly applied federal law in nursing home arbitration cases, U.S. Supreme Court rules

The West Virginia Supreme Court must re-examine a major ruling that make nursing home arbitration agreements invalid, according to a U.S. Supreme Court decision Tuesday.

Nursing homes can't use arbitration to deflect lawsuits, court says

Nursing homes cannot use arbitration agreements to combat lawsuits related to residents' care, the West Virginia Supreme Court ruled on Friday. The court decided, in the unanimous decision, that "disputes should be decided by juries of lay citizens rather than paid, professional fact finders who may be more interested in their fees than the disputes at hand," according to published reports.