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.