Arizona Panel Affirms Nursing Home Negligence Case Not Subject To Arbitration

(January 30, 2020, 11:23 AM EST) -- PHOENIX — An Arizona panel in a Jan. 28 unpublished opinion affirmed a lower court’s denial of a motion to compel arbitration in a negligence case against a nursing home, finding that claims related to a resident’s death after falling out of her wheelchair while being transported back to her room did not a constitute a “medical malpractice” dispute that would fall under the arbitration clause in the admissions agreement her son signed (Leonard Bernardo v. Windsor Palm Valley LLC, No. 19-0197, Ariz. App., Div. 1, 2020 Ariz. App. Unpub. LEXIS 86)....