A strategy has developed in the Nursing Home industry to deprive resident patients of their right to sue in Georgia Courts where they have been injured, mistreated or abused. Many nursing homes are including in the admission paperwork a provision that attempts to force victims to arbitrate disputes and prevent bringing lawsuits.
Our Atlanta, Georgia personal injury/nursing home law firm deals with these legal issues and all other questions that come up in cases where someone has been seriously injured or has died at the hands of a nursing home and its staff.
We can report that the Georgia Court of Appeals has just issued an opinion holding that nursing homes cannot force arbitration where a family member has executed a durable power of attorney. The Court held that an individual with this type of power of attorney cannot sign away a resident patient's right to sue if they are mistreated. Life Care Centers of America v. Smith, Ga. Court of Appeals case # AO9AO548
Nursing Homes' Attempts to Force Arbitration
June 24, 2009
