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Mealey's Elder Law - Arizona Panel Affirms Nursing Home Negligence Case Not Subject To Arbitration

PHOENIX - An Arizona panel in a Jan. 28 unpublished opinion affirmed a lower court's denial of a motion to compel arbitration in a negligence case against a nursing home, finding that claims related to a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).
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