Many nursing care facilities in Georgia pressure their residents to sign arbitration agreements. This means that in the event of a dispute, such as allegations of negligence or abuse against the nursing home, the resident waives his or her right to seek a jury trial and instead must allow an arbitrator to hear the case. Nursing homes and other health care providers prefer arbitration because it can limit a victim’s right to discovery–i.e., to seek evidence of abuse or neglect, and the final decision cannot be reviewed in court.
United Health Services of Georgia, Inc. v. Alexander
Judges will enforce nursing home arbitration agreements even when the terms are unfair to residents. But what happens when a family member signs an agreement on behalf of a deceased resident? The Georgia Court of Appeals recently addressed such a case.