Lessons Learned from Northport Health Services v. Posey

The Eighth Circuit Court of Appeals in Northport Health Services v. Posey recently reversed a lower court’s decision to grant summary judgment in a wrongful death action. One son in the Posey family in this case had signed the admission agreement of his brother at a resident rehabilitation center owned by Northport, which included an arbitration agreement. Northport then sought to compel arbitration and the district court granted this motion. The brother then appealed claiming that the district court misapplied the third-party beneficiary theory to the case because there was no underlying agreement between the Posey family and Northport. 


Making the decision to place a loved one in a rehabilitation center after they are in the hospital can be a difficult decision. Reviewing the associated terms of any agreements concerning a loved one’s care are just one of the many things that you should make sure to do. Fortunately, by following the advice below, this process can be made much easier. 


# 1 – Plan for Discharge as Soon as Possible


Avoid waiting until discharge is imminent because this will make it easier to arrange treatment and therapy closer to your loved. You will also need time to prepare for your loved one’s new living location to be as safe and convenient as possible. 


If a hospital discharge planner can help you investigate and plan for your loved one’s care, these individuals can perform an invaluable function that can help you better anticipate the numerous complications that will arise.


# 2 – Create a Transition Strategy


There are a number of factors to monitor while a loved one transition into a rehabilitation center. One element that should likely be during your transition involves resolving any payment issues with Medicare and Medicaid


After creating this list, it is just as important to make sure that you take the steps necessary to ensure that each element is successfully achieved.


# 3 – Assess Your Loved One’s Condition


It is common for hospital and rehabilitation centers to incorrectly assess a loved one’s condition. Instead, it is a better idea to observe your loved one’s condition directly. If any aspect of your loved one’s future care will involve you directly providing medical care, it is also vital to ensure that you have the training necessary to perform the task. 


Too many people think that they understand how to perform involved care tasks, but when they get home discover that they do not. 


# 4 – Make Any Necessary Home Modifications


If your loved one will be returning home after the rehabilitation care, it is important to speak with a physical therapist or other comparable professional to determine what modifications of your home must be performed. 


By making sure that these revisions are made immediately and correctly, you can greatly increase the chances that your loved ones successfully navigates this challenging time. 


Speak with an Experienced Estate Planning Lawyer


Deciding to place a loved one in a rehabilitation center is a difficult decision. If you need the assistance of an experienced estate planning attorney, do not hesitate to contact Ettinger Estate Planning today for assistance.

Contact Information