Owens and Beyond: Arbitration Agreements in the Tennessee Nursing Home Setting

Because this is a CD audio seminar you enjoy:

• Fast, convenient learning without any out-of-office time lost;
• No travel-related expenses or complications;
• The perfect affordable way to update yourself rapidly on current laws.

More and more Tennessee attorneys are finding themselves litigation issues concerning arbitration provisions in admission contracts for long-term care facilities.

Such a provision requires that any dispute, including abuse and neglect cases, arising between the resident and the nursing home be resolved in arbitration – rather than in the courts. So, instead of having a medical malpractice suit tried before a jury, the case is decided by a private, expensive arbitrator. The decision of the arbitrator is final – there is no review by an appellate court.

Register for the live audio conference, Owens and Beyond: Arbitration Agreements in the Tennessee Nursing Home Setting and learn how the landmark Owens case has settled some critical issues involving arbitration agreements in the nursing home setting.

In just 60 minutes, attorneys who specialize in nursing home abuse and neglect will discuss how the Owens decision and other Court of Appeals rulings address arbitration provisions today. You'll get answers to such questions as:

• Are arbitration agreements in the health care context enforceable?
• When is an arbitration provision in an admission contract open and obvious?
• When is an arbitration agreement an adhesion contract?
• When is the waiver of the right to a jury knowing, intelligent, and voluntary?
• Does the representative – spouse, child, etc. – have the authority to waive the resident’s right to a jury trial?
• Does a power of attorney authorize a representative to sign an arbitration agreement on behalf of a nursing home resident?
• PLUS -- You'll learn how the courts have applied contract and agency principles when determining whether provisions are enforceable.
  

March 5, 2008

Mark N. Geller is lead chairperson in the Nursing Home Practice Group of Nahon, Saharovich & Trotz, PLC.

A native Memphian born in 1970, Mr. Geller graduated with honors from the University of Cincinnati College of Law. During his studies, he participated in Moot Court and the Order of the Barristers. His primary area of practice is civil litigation but also advises in personal injury and workers' compensation. Mr. Geller is bilingual in Spanish and joined Nahon, Saharovich & Trotz, PLC in 2003. His primary area of practice is Nursing Home Litigation.

Laura M. Owings is a member of the Nursing Home Practice Group of Nahon, Saharovich & Trotz, PLC. While a law student at the University of Memphis Cecil C. Humphreys School of Law, she served as a Notes and Comments Editor for The University of Memphis Law Review.

Prior to joining Nahon, Saharovich & Trotz, PLC, Ms. Owings completed a summer internship with the United States Postal Service Law Department, and has worked as a technical writer at International Paper Company. Her primary area of practice is Nursing Home Litigation.

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