Posts tagged "1000914"

Johnson, et al. v. Kindred Healthcare, Inc., et al. (Lawyers Weekly No. 10-009-14)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us     SJC‑11335   BARBARA JOHNSON & another,[1] as co-administratrices,[2]  vs. KINDRED HEALTHCARE, INC., & others.[3]   Plymouth.     September 4, 2013.  ‑  January 13, 2014. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.     Nursing Home.  Health Care Proxy.  Contract, Arbitration, Parties, Validity, Construction of contract.  Arbitration, Arbitrable question.  Agency, Scope of authority or employment.  Statute, Construction.  Words, “Health care decision.”     Civil action commenced in the Superior Court Department on October 3, 2011.   A motion to stay the proceedings and to compel arbitration was heard by Charles J. Hely, J.   A proceeding for interlocutory review was heard in the Appeals Court by Gabrielle R. Wolohojian, J.  The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.   John Vail, of the District of Columbia (David J. Hoey with him) for the plaintiffs. Christopher R. Lavoie for the defendants.   Kelly Bagby, of the District of Columbia & Rebecca J. Benson & Debra Silberstein, for National Academy of Elder Law Attorneys (Massachusetts Chapter) and another, amici curiae, submitted a brief.     DUFFLY, J.  This case presents the question whether a health care agent’s agreement with a health care facility to arbitrate disputes arising from the principal’s stay at that facility constitutes a “health care decision” binding on the principal pursuant to G. L. c. 201D, § 5.[4] The plaintiffs, administrators of the estate of Dalton Johnson, filed a complaint in the Superior Court against a national operator of nursing and rehabilitation centers, one of its subsidiary nursing homes and the operator of that nursing home, and two health care professionals, alleging, inter alia, negligence and seeking damages under the wrongful death statute, G. L. c. 229, § 2, as a result of the defendants’ care of Dalton[5] while he was a resident at the nursing home.[6]   On May 24, 2007, Dalton executed a health care proxy pursuant to the Massachusetts health care proxy statute, G. L. c. 201D, §§ 1-17 (health care proxy statute).  In it, he authorized his wife, Barbara Johnson, “as my Health Care Agent to make any and all health care decisions for me, except to the extent that I state otherwise.”  Dalton was admitted to the nursing facility operated by Braintree Nursing, LLC, doing business as Braintree Manor Rehabilitation and Nursing Center (Braintree Nursing), in September, 2007.  On August 6, 2008, Barbara, in her […]

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Posted by Massachusetts Legal Resources - January 14, 2014 at 9:24 am

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