Miss. High Court Says Daughter Not ‘Surrogate’ In Nursing Home Arbitration Row

Mealey's ( April 27, 2023, 4:11 PM EDT) -- JACKSON, Miss. — The Mississippi Supreme Court affirmed and remanded a lower court order denying a nursing home’s motion to compel arbitration in a negligence and wrongful death suit brought against it by the daughter of a former resident, finding that the nursing home failed to show that the decedent lacked capacity, which is a requirement for a surrogate to make health care decisions on behalf of the person they are representing....