Gay v. Saber Healthcare Group, L.L.C., et al.

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Opinion Filed March 12, 2021
Attorney for the Case Rebecca Britton Rachel Fuerst
Amicus Brief Writers Narendra Ghosh
Court NC Supreme Court
Docket No. 190A20

This case presents the issue of whether skilled nursing facilities owe a fiduciary duty to their patient-residents. Because skilled nursing facilities are healthcare providers, they should be held to the same fiduciary duty that the Supreme Court announced in King v. Bryant. A fiduciary duty for skilled nursing facilities is consistent with federal and state laws and regulations, which recognize that these institutions are entrusted to care for a uniquely vulnerable population. In addition, the purported arbitration agreement in this case is unenforceable. The document does not state that the parties agreed to arbitrate disputes and lacks all other essential terms. There was simply no meeting of the minds to arbitrate.