Miss. Care Ctr. of Greenville, LLC v. Hinyub
| Docket Number: | 2005-CA-01239-SCT Linked Case(s): 2005-CA-01239-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-03-2008 Opinion Author: Carlson, J. Holding: AFFIRMED AND REMANDED |
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| Additional Case Information: |
Topic: Wrongful death - Arbitration - Admission agreement - Durable power of attorney - Section 41-41-211 - Health care surrogate Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ. Concurs in Result Only: Diaz, P.J., and Graves, J. Procedural History: Motion to Compel Arbitration Nature of the Case: CIVIL - WRONGFUL DEATH; CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 06-21-2005 Appealed from: Washington County Circuit Court Judge: Richard Smith Disposition: Trial Court refused to compel arbitration. Case Number: CI 2004-194 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mississippi Care Center of Greenville, LLC; Oxford Management Company, Inc.; Michael Overstreet & Tessa Cooper |
HEATHER MARIE ABY,
MARJORIE SELBY BUSCHING,
STEVEN MARK WANN |
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| Appellee: | NANCY HINYUB, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DON WYSE | F. M. TURNER, III | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Wrongful death - Arbitration - Admission agreement - Durable power of attorney - Section 41-41-211 - Health care surrogate |
| Summary of the Facts: | Don Wyse was admitted to Mississippi Care Center of Greenville f/k/a MS Extended Care of Greenville under an admission agreement which did not contain an arbitration provision. This admission agreement was signed by Don Wyse and Wyse’s daughter, Nancy Wyse (Hinyub), who asserted that she was signing on behalf of her father pursuant to a durable power of attorney. Don Wyse was discharged from MCCG and was transferred to Delta Regional Medical Center for treatment. Wyse was re-admitted to MCCG, and Hinyub, on behalf of her father, entered into a second admission agreement with MCCG. This second admission agreement contained an arbitration provision. Wyse died at noon the next day. Nancy Hinyub, individually and as personal representative of the estate of Don Wyse, deceased, filed an action against MCCG; Oxford Management Company, Inc.; Health Care Consultants, Inc.; Mississippi Extended Care of Greenville, Inc.; Michael H. Overstreet; Tessi Cooper; Unidentified Entities 1 through 10 and John Does 1 through 10, alleging negligence, malpractice, malice and/or gross negligence, fraud, breach of fiduciary duty, and wrongful death. Hinyub filed an amended complaint to substitute John Does 1-2 with Nino A. Bologna, M.D. and Phillip Doolittle, M.D., two of Wyse’s treating physicians. MCCG, Overstreet and Cooper filed a Motion to Stay Proceedings and Compel Arbitration based on the arbitration provision contained within the Admissions Agreement. Oxford Management Company filed its Motion for Joinder in the Defendants’ Motion to Stay Proceedings and Compel Arbitration. The judge denied the defendants’ Motion to Stay Proceedings and Compel Arbitration. Certain of the defendants appeal. |
| Summary of Opinion Analysis: | The defendants argue that they should be allowed to arbitrate the claims asserted by Nancy Hinyub, individually and as personal representative of the estate of Don Wyse, because Hinyub had authority to bind her father, Don Wyse, in health care matters, including the agreement to arbitrate. To determine whether the parties in this case agreed to arbitrate the dispute, the court considers whether there is a valid arbitration agreement and whether the parties’ dispute is within the scope of the arbitration agreement. While Wyse did not himself sign the arbitration agreement, Hinyub’s signature may have bound Wyse if Hinyub had the authority to sign the document. Our law regards as valid and enforceable as a power of attorney any written instrument signed by the principal and expressing plainly the authority conferred. However, the durable power of attorney to which the parties refer is not a part of the official record before the Court. The Court is limited to consideration of the facts in the record, while reliance on facts only disclosed in the briefs is prohibited. Without a durable power of attorney contained within the record, the Court is constrained as a matter of law to find that Nancy Hinyub did not have authority to bind her father, Don Wyse, according to such power of attorney, by causing the claims to be submitted to arbitration pursuant to the arbitration agreement within the second admissions agreement executed by Hinyub within hours of her father’s death. MCCG argues that Hinyub had authority to bind Wyse as Wyse’s health care surrogate under the Uniform Health Care Surrogate Statute, section 41-41-211. Again, the record is devoid of information to properly determine if Hinyub could act as Wyse’s health care surrogate. According to the statute, Wyse’s primary physician would first have to determine that Don Wyse lacked capacity to make his own health care decisions. Neither party presents a declaration by Wyse’s primary physician stating that Wyse was incapable of managing his affairs prior to Hinyub’s signing the admissions agreement with the arbitration agreement. Additionally, under the Act, the authority of a health-care surrogate is limited to making “health-care decisions.” Since signing the arbitration provision was not a part of the consideration necessary for Wyse’s admission to MCCG and not necessarily in the best interest of Wyse as required by the Act, Hinyub did not have the authority as Wyse’s health care surrogate to enter into the arbitration provision contained within the admissions agreement. |
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