July 18, 2016


The administrators of a deceased patient’s estate brought wrongful death action against national operator of nursing home and two health care professionals. The Superior Court of Plymouth County granted Kindred Healthcare’s motion to compel arbitration. However, the family filed a petition for permission to pursue an appeal.

After transferring the case from the Appeals Court, the Supreme Judicial Court of Massachusetts decided that the health care agent’s agreement with Kindred Healthcare to arbitrate disputes was not a “health care decision” binding on patient under health care proxy statute. The original verdict was vacated and remanded.

Link to the court’s decision.