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eBook details

• Title: Blankfeld V. Richmond Health Care
• Author : In the District Court of Appeal of the State of Florida Fourth District January Term 2005
• Release Date : January 25, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

Melvin Blankfeld, as Personal Representative of the Estate of Riva Blankfeld, appeals the trial court's decision granting Richmond Health Care's motion to compel arbitration. We reverse because the arbitration procedure substantially limits the remedies created by the Nursing Home Residents Act, and is void as contrary to public policy. We are considering this case en banc to clarify that holding a contractual provision void as contrary to public policy is distinct from holding that a contract is unenforceable because it is unconscionable. We have also concluded that the statutory health care proxy did not have the authority to bind the nursing home patient to arbitrate claims.

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