Question

Nellie lumpkin, who suffered from dementia, was admitted to the picayune convalescent center, a nursing home. because of her mental condition, her daughter, beverly mcdaniel, signed the admissions agreement. it included a clause requiring the par- ties to submit any dispute to arbitration. after lumpkin left the center two years later, she filed a suit against picayune to recover damages for mistreatment and malpractice. [covenant health & rehabilitation of picayune, lp v. lumpkin, 23 so.2d 1092 (miss. app. 2009)] (see page 91.) 1. is it ethical for this dispute—involving negligent medical care, not a breach of a commercial contract—to be forced into arbitration? why or why not? discuss whether medical facilities should be able to impose arbitration when there is generally no bargaining over such terms.

Answer 1

Yes and as a parent of someone who has some mental health problems I definitely think that her complaints should be dealt with by arbitration because mistreatment and malpractice is common in mental health facilities. I have known of cases whereby a patient is kept in solitary confinement with only a bed and a toilet and a small window in the door, locked in for up to two weeks and this definitely can be considered mistreatment. I definitely believe that the arbitration in such a facility should not just be covered by a narrow commercial definition.