Doctors, nurses, hospitals, and nursing homes have a strong aversion to being sued. Of course, no one wants to be accused of carelessness or wrongdoing, and defendants facing claims of nursing home negligence or patient abuse are no different.
However, as compared to many other defendants, the medical establishment goes above and beyond in their efforts to dissuade injured individuals from seeking justice. Sometimes, such efforts begin very early in the process – with a requirement that a patient agree to arbitrate, rather than litigate, any possible claims as a condition to admission into a treatment facility. Fortunately, not all such attempts to deprive an injured person or his or her family of their day in court are successful. A Knoxville nursing home negligence lawyer may be able to challenge the validity of the agreement.
Facts of the Case
In a case filed in the Circuit Court for Shelby County, the plaintiff was a woman whose mother suffered a fractured tibia and fibula in a fall while she was a resident at the defendant nursing home. The plaintiff, acting as her mother’s next friend, filed suit against the defendant, asserting claims of ordinary negligence and violations of the Tennessee Healthcare Liability Act, codified at Tennessee Code Annotated §§ 29-26-101, et seq. In response, the defendant filed a motion to compel arbitration and to stay the proceedings, relying upon a 2013 agreement signed by the plaintiff on her mother’s behalf when the mother entered the defendant’s facility.