A Good, Fair Decision in South Carolina: Magnolia Manor of Monks Corner, South Carolina, Loses Forced Arbitration Bid
According to reports, Magnolia Manor wants to be known as a facility that provides community residential care and advocating the health and safety of those who are not able to care of themselves. So it was with little worry that Rebecca Powell’s daughter, Pamela, secured a spot for Rebecca at this nursing facility. Mrs. Powell had problems absorbing sufficient nutrition and was at-risk for significant weight loss, and her skin would regularly break down. According to reports, after she was admitted, Mrs. Powell died after she was neglected by the nursing home. (The nursing home corporation, of course, denies this).
After an investigation and a careful review of Mrs. Powell’s records, it was determined that the nursing home corporation failed to maintain complete and accurate records; failed to appropriately nourish their patients; and failed to keep up with standard lab testing on all residents. When Mrs. Powell’s widower tried to sue the nursing home through the South Carolina court system, he was informed that his daughter had, at the time of admission, signed away Mrs. Powell’s access to the courts, by “agreeing” to a forced arbitration process that was hidden in the admission papers on page VI. After spending much time and resources by Mr. Powell, the court here in South Carolina rightly decided that Pamela was not a personal representative of Mrs. Powell, and therefore could not bind Mr. Powel to an arbitration process.
Mr. Powell is currently suing the nursing facility for wrongful death of his wife in court. The facts reported here have not been conclusively determined, but if things are as Mr. Powell says they are, let’s just say that we hope that justice is done.
Really done.
If you would like to discuss your loved one's situation, so that you know your legal rights, I would be happy to speak with you. Just call our office at (803) 808-9600 for a free consultation.
