VENTURA, Calif. (Legal Newsline) - A California skilled nursing facility will have to fight a wrongful death lawsuit, as a state appeals court has found the patient lacked the capacity to enter into an arbitration agreement.
The Second Appellate District on Feb. 28 ruled against Oxnard Manor as it battles a lawsuit brought over the treatment of Cornelio Heyres, who signed an arbitration agreement in 2009 after suffering a stroke.
Heyres was a patient at Oxnard Manor in Oxnard for nine years after signing it, until his death. in the days after the agreement was signed, staff discussed Cornelio's condition with son Wernher, because Cornelio did not appear to understand their questions.
Their reports showed deficits in mental functions like information processing, memory and the ability to plan and carry out actions. He also struggled with alertness and attention and to communicate with others.
"The trial court could reasonably infer from the evidence, including Cornelio's inability to recognize his wife or granddaughter, failure to respond to questions about his care, inability to understand speech, and ability to respond to only simple questions or commands, that his deficits 'significantly impair[ed]' his 'ability to understand and appreciate the consequences' of waiving his right to trial," the ruling says.
"Because substantial evidence supported the trial court's finding that Cornelio was not competent to enter into an arbitration agreement, Oxnard Manor did not meet its burden to establish a valid agreement."
In addition to wrongful death, the lawsuit alleges elder abuse/neglect and negligent infliction of emotional distress.