On Thursday the Mississippi Supreme Court affirmed the Adams County Circuit Court’s Order refusing to enforce an arbitration clause in a nursing home admissions agreement. Here is the Court’s opinion in Adams Community Care Center, LLC v. Reed. The trial judge was Judge Lillie Blackmon Sanders.

There were two admissions agreements in the case

In November the American Association of Justice published this report identifying five myths about medical negligence (malpractice).

The identified myths are:

  1. there are too many frivolous malpractice lawsuits;
  2. malpractice claims drive up health care costs;
  3. doctors are fleeing;
  4. malpractice claims drive up doctors’ insurance premiums; and
  5. tort reform lowers insurance rates.

Note: Yesterday’s Natchez Democrat

In an opinion issued today over-ruling the Court of Appeals and striking down an arbitration clause in a nursing home admission agreement, the Mississippi Supreme Court effectively ruled that thousands of consumer arbitration agreements in Mississippi are unenforceable. Here is the opinion in Covenant Health and Rehab. v. Moulds. The Court ruled that an arbitration agreement is not enforceable when the designated