Nellie lumpkin, who suffered from dementia, was admitted to the picayune convalescent center, a nursing home. because of her mental condition, her daughter, beverly mcdaniel, signed the admissions agreement. it included a clause requiring the parties to submit any dispute to arbitra-tion. after lumpkin left the center two years later, she filed a suit against picayune to recover damages for mistreatment and malpractice. [covenant health & rehabilitation of picayune, lp v. lumpkin, 23 so.2d 1092 (miss. app. 2009)] (see alternative dispute resolution.) 1.is it ethical for this dispute—involving negligent medical care, not a breach of a commercial contract—to be forced into arbitration? why or why not? discuss whether medi-cal facilities should be able to impose arbitration when there is generally no bargaining over such terms.2.should a person with limited mental capacity be held to the arbitration clause agreed to by her next of kin who signed on her behalf? why or why not?
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Nellie lumpkin, who suffered from dementia, was admitted to the picayune convalescent center, a nurs...
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