West Virginia Supreme Court
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.
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 rulesFebruary 22, 2012
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 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.