Articles Tagged with elder abuse

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Nursing homes and rehabilitation centers are responsible for patients who require ongoing medical care. When these facilities fail to follow proper protocols, the results can be fatal. Under Georgia law, any health care provider may be liable for wrongful death if there is a breach of duty that is the “proximate cause” of the patient’s demise.

Fields v. Taylor

The Georgia Court of Appeals recently reinstated a wrongful death claim against a geriatrics doctor in Dublin. The lawsuit was brought by the daughter of a woman who died six years ago while under the defendant’s care at a rehabilitation center. The deceased had been admitted to the center temporarily while the daughter, her mother’s caregiver, was unavailable.

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Many elderly Georgia residents are victims of nursing home abuse and neglect. In order to avoid potential personal injury and wrongful death lawsuits from injured patients, many nursing homes insist their residents sign “alternative dispute resolution” (ADR) agreements that require any negligence or malpractice claims be submitted to binding arbitration. While arbitration can be beneficial in certain cases, it still requires a potentially vulnerable nursing home resident to forfeit access to the courts and other important legal rights.

Kindred Nursing Centers LP v. Chrzanowski

Georgia courts tend to enforce ADR agreements even where there is evidence that a nursing home resident was not necessarily in their right mind when they purportedly agreed to arbitration. A recent decision by the Georgia Court of Appeals illustrates the uphill climb victims of nursing home abuse—or in the case, their families—face in seeking their day in court.