FITZHUGH v. GRANADA HEALTHCARE AND REHABILITATIONCENTER, LLC
Cause of action for violation of Patients Bill of Rights survives patient's death, and where such claim was specifically excluded from scope of arbitration agreement, trial court correctly denied motion to compel arbitration of cause of action brought by survivors. Survivors were not compelled to arbitrate wrongful death claim brought in their individual capacities where one claimant signed arbitration agreement as decedent's "legal representative" but did not sue in that capacity and other claimants did not sign the agreement.
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