Shortly after filing a medical malpractice claim against the facility, the estate became aware of an arbitration agreement the woman signed upon admission. Upon discovery of the agreement, the estate filed a motion to compel arbitration. The trial court ultimately denied the estate’s motion to compel arbitration, finding that the claim must first proceed through the process outlined in the Indiana Medical Malpractice Act (Act).

Indiana generally has a strong policy that favors enforcing arbitration agreements. In cases where a party motions the court to compel arbitration, the court will evaluate whether the parties agreed to arbitrate the specific dispute at issue. Like Indiana contract law, disputes often rely on the parties’ intent and the construction of the terms of an agreement.

In this case, the parties agreed that the agreement the parties signed was binding and enforceable; however, the estate argued that the Act did not apply because of the agreement set forth arbitration as the exclusive avenue for resolution.

Before proceeding to court, Indiana Code section 34-18-8-4 provides that claims against healthcare providers must be presented to a medical review panel, and the panel must issue an opinion. However, the law recognizes that the parties may agree to waive this requirement. A valid agreement must be in writing, signed by each party or their authorized representative, and attached to the complaint.

Here, the parties chose to agree to arbitrate any legal claim. The parties agreed that the exclusive means for resolving claims was through arbitration. Additionally, the parties could have agreed that submitting a claim to a medical review panel was a condition precedent to seeking arbitration. However, the nursing facility did not do so. Therefore, the court ultimately concluded that the nursing facility waived its right to avail itself of the Act. The appellate court reversed the trial court’s decision and remanded the case for further proceedings.

Have You Suffered Injuries Because of a Negligent Nursing Facility?

If you or someone you love has suffered injuries because of another’s negligence in Indiana, you should contact Padove Law. Attorney Burton Padove is highly skilled in personal injury law, including lawsuits stemming from motor vehicle accidents, defective products, wrongful death, medical malpractice, and cases involving Indiana nursing home abuse and neglect. He has successfully represented countless clients over the years in their claims against negligent individuals, companies, and organizations. Through Attorney Padove’s representation, Indiana injury victims have recovered significant amounts of compensation for their medical expenses, lost wages, and pain and suffering. Contact our office at 219-836-2200, to schedule a free initial consultation with Padove Law.

According to another news report, as of a few weeks ago, there are approximately 150 nursing homes across 27 states that have at least one resident with coronavirus. Although the figure may seem like a small fraction of the total number of nursing homes in the United States, the rates of infections are rapidly growing. The virus poses serious threats to individuals at these facilities since most are experiencing the enumerated underlying conditions making them “high-risk.”

Recently, two Johnson County nursing homes reported that a number of their residents and staff have tested positive for COVID-19. One nursing home sent a number of their residents to a local hospital after the individuals reported symptoms of the virus. Reports revealed that the number of cases at the facility rose to 15, with eight individuals in the hospital, six in isolation, and the remaining still awaiting test results. Officials reprimanded the facilities for sending residents who were experiencing mild symptoms to the hospital. They criticized the facility for overburdening the hospital system instead of treating mild cases on-site.

The nursing home conceded that they were not prepared for the virus when their residents and staff began to exhibit symptoms. They explained that they were in the process of refining their cleaning processes and finding space for affected residents. These deficiencies can have long-term and potentially fatal consequences for residents and staff. However, this is not unique to this specific facility; a recent investigation shows that over 70% of Indiana nursing homes have received citations for deficient infection control measures. Although containment of some viruses is exceedingly difficult, nursing homes should nevertheless take strong measures to protect their residents.

Has Your Loved One Experienced Abuse or Neglect at an Indiana Nursing Home?

If you or someone you love has experienced injuries, abuse, or neglect at an Indiana long-term care facility or nursing home, you should contact Padove Law. Padove Law understands the unique challenges that nursing home abuse and neglect cases entail. Attorney Padove takes an individualized approach to each case and provides clients with detailed and personalized attention. It is vital that individuals who suspect Indiana nursing home abuse or neglect contact Attorney Padove as soon as possible to ensure that they do not waive their rights to recovery against the facility. Recovery in these cases typically includes monetary compensation for medical expenses related to the facility’s negligence, ongoing medical treatment, and pain and suffering. Contact Padove Law at 219-836-2200 to schedule a free initial consultation to discuss your case.