Liever Hyman Potter
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The attorneys of Liever Hyman Potter

AUTO ACCIDENT ATTORNEYS, PERSONAL INJURY & MALPRACTICE LAWYERS

Since our founding in 1959, we have won thousands of awards and settlements for victims and their families, including million-$ and multi-million-$ settlements.

E-MAIL    |    TEL    610 370 6682    /    570 794 5017    

Our litigation team obtained a settlement with
a lifetime payout of over $12,750,000 for a middle
aged woman who was diagnosed with a brain
arteriovenous malformation.   read more

A $1,280,000 settlement has been reached in
favor of a retired man seriously injured in an
auto accident at a city intersection.   read more

The insurer for the driver of a truck that swerved to
avoid rear-ending a school bus and collided with
another vehicle has paid 1.2 million for the serious
injuries suffered by the other driver.   read more

A daycare center accident that blinded one eye
of a 22-month old child and that “could have and
should have been prevented,” has been settled...
read more

A woman who was seriously injured when her
vehicle was struck by a drunken driver has won
a settlement of 2.5 million.   read more

Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Medical Malpractice; Nursing Home Abuse & Neglect; Auto/Truck/Motorcycle Accidents; Personal Injury; Workers' Compensation; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability

PA Supreme Court Refuses To Hear Nursing Home’s Request To Enforce Arbitration Clause

September 4, 2013 by admin

On August 27, 2013, the PA Supreme Court denied a Petition for Allowance of Appeal filed by a nursing home defendant seeking to overturn a Decision by the PA Superior Court in the case of Setlock v. Pinebrook Personal Care and Retirement Center, 68 MAL 2013 (Pa. Super. 2012), allocator denied, (Pa. Aug. 27 2013). On October 23, 2012, an Opinion by PA Superior Court Judge Mundy had ruled the Trial Court was correct in denying the Nursing Home’s petition to compel arbitration and in allowing the case to proceed to a Jury trial in the County Court. It was alleged that a nursing home aide had transported the resident to a medical appointment and was pushing her in a wheelchair which did not have a foot rest or a safety harness. It was further alleged that the resident’s feet got entangled causing her to be catapulted from the chair causing her to fall on her head and suffer fatal injuries. The Nursing Home claimed that because the resident and her relative signed a Resident Agreement agreeing to arbitrate  any dispute arising from the agreement that the Plaintiff had no right to go to court for the Death Claim.  Judge Mundy in writing for the majority ruled that to make the leap to include tort liability for the wrongful death as encompassed under the terms of the Residential Agreement was far too attenuated. Therefore, the instant wrongful death action was a distinctly different cause of action from anything contemplated by the terms of the residential agreement, and as a result the resident’s representative should not be compelled to arbitrate the matter. Accordingly, because the PA Superior Court concluded that the wrongful death action instituted on behalf of the Resident did not arise from a dispute involving the Resident Agreement, it affirmed the trial court’s order denying the Nursing Home’s ’s petition to compel arbitration.

Many nursing homes across PA require residents and their family members to sign Resident Agreements that attempt to deprive those individuals of important legal rights. Therefore one must be very careful before signing any such agreement. Before signing consult with your family attorney for advice.  If you or a close family member has suffered injury and/or neglect at a nursing home consider contacting one of our skilled attorneys at Liever, Hyman & Potter. We have represented the seriously injured in Eastern and Central Pennsylvania for more than 50 years. We are uniquely qualified to assist you in learning of your rights and in taking the steps necessary to protect those rights . From the desk of John R. Badal, President of the law firm of Liever, Hyman & Potter serving Reading, Pottsville,  Berks County, Schuylkill County and all surrounding areas.


SERVING VICTIMS OF:
MOTOR VEHICLE INJURY
CAR ACCIDENTS
TRUCK ACCIDENTS
MOTORCYCLE ACCIDENTS
DRUNK DRIVERS
SLIP AND FALLS
WORKERS' COMPENSATION
OCCUPATIONAL DISEASE
UNSAFE PRODUCTS/CONDITIONS
WORK INJURIES
WRONGFUL DEATH
INADEQUATE WORKERS COMP.
MEDICAL MALPRACTICE
DOCTOR/HOSPITAL ERRORS
SURGERY ERRORS
OPERATING ROOM MISTAKES
PREGNANCY & BIRTH INJURIES
MISDIAGNOSIS
FAILURE TO DIAGNOSE
PRESCRIPTION ERRORS
FAILURE TO DIAGNOSE CANCER
NURSING HOME NEGLECT
NURSING HOME ABUSE
BED SORES