Cal Supreme Court: “Healthcare Decisions” Do Not Include Arbitration

When you give a loved one the right to make healthcare decisions on your behalf, are you also giving them power to agree to arbitrate legal claims that arise from that healthcare?

The California Supreme Court today answered “no.”

The Facts

➡ The case centers on an elderly man, Charles Logan, who had to go to a skilled nursing facility after breaking his leg. He claimed that the facility, Country Oaks Care Center, refused to help him get to the bathroom, and when he tried to get there on his own, he fell and broke his leg in a second location. He sued for negligence and, sadly, passed way while the case was pending.

The Opinion

➡ Today’s opinion lets Mr. Logan's claims go to a jury, instead of forcing them into arbitration with a private judge. The reason is that Mr. Logan himself didn’t sign an arbitration agreement, and the person who did (his nephew) only had authority to make “healthcare decisions” on his behalf. By appointing his nephew to make “healthcare decisions,” Mr. Logan did not imply that he could also enter an optional arbitration agreement not required to secure admission to the nursing facility.

Why It's Important

➡ Today’s case is important because it preserves the personal autonomy of patients like Mr. Logan. Stiller Law Firm was privileged to write a friend-of-the-court brief in the case for several fantastic public-interest organizations, including Consumer Attorneys of California, American Association for Justice, Public Justice, and Compassion & Choices. We’re happy the court adopted our position and we hope that our advocacy made a difference!