Death no bar to Florida nursing home arbitration

Thursday February 14, 2013 6:45 PM

TALLAHASSEE, Fla. (AP) — The Florida Supreme Court says nursing home arbitration agreements signed by patients remain valid even if they should die.

The seven justices unanimously agreed on Thursday that Henry Lee Stewart's survivors cannot sue Avante at Leesburg Inc. for wrongful death and depravation of rights.

Instead, they must arbitrate their claim that Stewart died due to alleged neglect by the nursing home because of the arbitration agreement he had signed with the facility.

The high court affirmed a prior ruling by the Daytona Beach-based 5th District Court of Appeal in the Lake County case.

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