Split Mississippi High Court Affirms Arbitration Order That Relied On Facility Doctor

(October 8, 2021, 3:17 PM EDT) -- JACKSON, Miss. — A sharply divided en banc Mississippi Court of Appeals on Oct. 5 in a plurality opinion affirmed a circuit court’s order compelling arbitration of negligence claims against a nursing home, agreeing with the lower court that the facility’s medical director was the resident’s “primary physician” when he determined that the resident lacked mental capacity, rendering his son qualified to act as his surrogate and bind the resident to the arbitration provision in the facility’s admission agreement....

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