A jury in Madison County recently found that a nursing home patient who died had the capacity to understand the arbitration agreement in the contract that she signed in 2011.
Nora Chapple died at the age of 80 in the Kenwood Health and Rehabilitation Center in Richmond, where she had lived on two occasions since 2011. After Chapple's death, her family sued the nursing home for wrongful death, but attorneys representing Extendicare, the company that ran the Kenwood facility during that time, asked the circuit court judge to dismiss the lawsuit because Chapple's contract required mediation, then arbitration of disputes. Chapple's family charged that no one else was present when Chapple signed the contract and that she lacked the necessary mental capacity to understand the terms.
During the trial, the family claimed that both times Chapple was admitted to Kenwood, she was heavily medicated due to a broken hip and severe depression. Jurors heard the testimony of Chapple's physician of 11 years, medical experts, and the administrator who was on hand when Chapple signed the paperwork for admission. After two hours of deliberation, the jury found in favor of the nursing home's argument that Chapple had capacity to sign the agreement. Now the question remains whether the decision will be appealed to a higher court.