Question

Computer Netgede 3 Chapter 3 Discussion Forum This is a post first discussion forum. You must click on the "create thread" link before you can post. Please respond to the following scenario: A Question of Ethics --Agreement to Arbitrate.Nellie Lumpkin, who suffered from dementia, was admitted to the Picayune Convalescent Center, a nursing home. Because of her mental condition, her daughter, Beverly McDaniel, signed the admissions agreement. It included a clause requiring the parties to submit any dispute to arbitration. After Lumpkin left the center two years later, she filed suit against Picayune to recover damages for mistreatment and malpractice. (Covenant Health & Rehabilitation of Picayune, LP v. Lumpkin, 23 So.3d 1092 (Miss. App. 2009) (See Alternative Dispute Resolution.) L a 1. Is it ethical for this dispute-involving negligent medical care, not a breach of a commercial contract--to be forced into arbitration? Why or why not? Discuss whether medical facilities should be able to impose arbitration when there is generally no bargaining over such terms. 2. Should a person with limited mental capacity be held to the arbitration clause agreed to by her next of kin, who signed on her behalf? Why or why not? Please post and respond to two other students

Answer 1

1)No, such disputes of medical negligence should be not handled in arbitration. Cases of such negligence may increase. These types of cases in which life of public is at stake and involves large volume of public should be legally handled. Also, it is not purely a case of commercial contract so arbitration will not be the right way to handle such cases. Inclusiveness of arbitration agreement in admission agreement is also not ethical.And moreoveer, if we consider the nature of suit in this case we would find that the seriousness of the claim by claimant is extremely high than any other kind of breach of contract. In fact, this is not a breach of the contract but a question of unethical practices in the medical healthcare industry. Ethics have a special place in the work of such an industry that gives no room for negligence and malpractice in parts of hospital staff. Therefore, since this is much of an ethical issue than a breach of the contract, arbitration cannot be forced on any party.
One can see that it is not ethical for medical services. Such cases of negligence should be bringing in the notice of public so that repetition of such accidents can be stopped. No such facility of signing arbitration agreement inclusive in admission form should be allowed.

2)Yes, there is bargaining on such terms. Centre agreement is not enforceable as per the court decision so rather than appealing centre can negotiate with the Lumpkin husband and can do out of court settlement.With bargaining hospital would try to get this case off at least cost and effect. There should not be able to negotiate such terms where disputes arise because of unethical practices.

3)If the party has consented his/her kin to sign the contract then they can be held liable but because of mental status there is no consent given by patient thus the person with limited mental capacity can not be held to the arbitration clause agreed to by the next-of-kin who signed on behalf of that person.