A survivorship action related to a wrongful-death case against a nursing home must be sent to arbitration under federal law, a Philadelphia judge has ruled in an apparent case of first impression.
In Lipshutz v. St. Monica Manor, Philadelphia Court of Common Pleas Judge Mark I. Bernstein ruled that survival claims made by a woman who alleged her mother died due to substandard nursing care must be handled outside of court, as stipulated in a signed agreement between the nursing home and the plaintiff as attorney-in-fact for her mother.
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