Florida Supreme Court Won’t Reconsider Nursing Home Case

By THE NEWS SERVICE OF FLORIDA

A divided Florida Supreme Court on Tuesday said it would not reconsider a decision rejecting arbitration in a lawsuit about injuries suffered by a nursing-home resident.

Appeals courts across the state in recent years have dealt with questions about the validity of arbitration agreements that nursing-home residents or family members have signed at the time of admission. The agreements are designed to settle legal disputes in arbitration, rather than going to court and potentially being decided by juries.

The Supreme Court in September said a father, Juan Mendez Sr., could not be bound by an arbitration requirement that his son signed without the elder Mendez's agreement. The elder Mendez suffered an infection in 2011 that led to the removal of his left eye, prompting a lawsuit in Miami-Dade County circuit court against Hampton Court Nursing Center. The nursing home argued the case should be resolved in arbitration, but the Supreme Court disagreed.

The elder Mendez died in 2013.