April 4, 2012
Admission to nursing homes, assisted living facilities, and even some health care providers might mean that the individual receiving care will be limited to arbitration if they wish to sue for damages relating to negligence on the part of the health care provider. Arbitration in this context sometimes means that the individual will not have the opportunity to present live testimony. In a recent United States Supreme Court decision, Marmet Health Care Center, Inc. v. Clayton Brown, et al. 565 U.S. ___ 2012 held that the Federal Arbitration Act preempts West Virginia state law.