An Arizona skilled nursing facility won’t be allowed to compel arbitration of claims in a wrongful death lawsuit that stemmed from a deadly wheelchair accident involving a resident, an appeals court ruled in late January.
The signed agreement between Palm Valley Rehabilitation and Care Center in Goodyear, AZ, and the resident’s son required arbitration to solve disagreements “of any dispute as to medical malpractice.” The agreement defined that to mean a disagreement over a medical service.
But according to the Arizona Court of Appeals, the pushing of a wheelchair doesn’t count as a “medical service” and doesn’t fit within the scope of the agreement — meaning the facility can’t compel arbitration to solve the dispute. Bloomberg Law first reported on the ruling.
Palm Valley’s representation told McKnight’s that although they don’t agree with the court’s decision, it ultimately could be beneficial to the provider because it narrows the son’s claims as the case moves forward.
Anna Bernardo’s son Michael sued the facility for wrongful death, negligence and violating the Adult Protective Services Act following a wheelchair accident involving his mother in March 2016, court documents explained. A certified nursing assistant was pushing the wheelchair when Bernardo’s foot got tangled with a loose cord, causing her to fall head-first onto the floor and breaking her neck. She later died from the injuries.
Palm Valley had argued that the case is a medical malpractice lawsuit under Arizona’s Medical Malpractice Act. The court disagreed, saying the facility’s definition of medical malpractice in the arbitration clause was too narrow.
