AGG Attorneys Successfully Defend Nursing Home in Arbitration Action

Jason E. Bring, member of AGG’s Long-term Care Defense Team, recently prevailed in a liability action filed against one of the firm’s nursing home clients in Georgia. The claim was initially filed in state court in Athens-Clarke County, but AGG successfully moved the case into arbitration by successfully enforcing an arbitration agreement between the nursing home and the resident.

The case involved a nursing home resident who fell from her wheelchair, fractured two vertebrae, and died within a week of the fall. The resident’s family alleged that the nursing facility did not put proper interventions in place to prevent the fall, did not adequately assess the resident, did not adequately monitor the resident, and did not properly place the resident her wheelchair. The nursing home maintained that it properly assessed the resident the day after her admission and that her physician and occupational therapist put in place personalized interventions to balance the resident’s rehabilitation goals with her safety needs. The nursing home showed that the resident had been checked within thirty minutes of her fall and that she was properly positioned.

Defending the claims before a panel of three arbitrators including retired federal and state appellate court judges, AGG’s attorneys were able to demonstrate that the claimants’ two experts contradicted one another and that their testimony about the need for restraints on the resident contradicted federal regulations and CMS guidance limiting the use of restraints.

After conducting a two day hearing, receiving closing briefs and oral argument, and considering all of the evidence, the arbitrators entered a final award fully in favor of the nursing home.

This marks the second fully favorable arbitration award AGG’s Long-Term Care Defense Team has received on behalf nursing home clients over the last three months.

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