Arbitration in favor of Nursing Home

The AHCA reported the following this week.

February 12, 2010 Vol. VIII Issue 6
Long Term Care
Arbitrator Rules In Favor Of Nursing Home In Negligence Action, Awards
Attorney's Fees

An arbitrator rejected February 4 a complaint against a nursing home for
medical malpractice and other allegations, finding "the great weight of
the evidence" suggested the resident in question "died of natural causes
while on her nocturnal ventilator."
Pursuant to the arbitration agreement executed as part of the admissions
process, the arbitrator also awarded the nursing home, as the prevailing
party, attorney's fees totaling over $259,000. The cost of the
arbitration was split between the two parties.

Jason Bring and Robert Strang of Arnall Golden Gregory LLP defended the
nursing home defendants in the three-day arbitration. "The attorney's
fees represented a major victory for the defendants, and their award
demonstrates that these cases are not without risk for the plaintiffs,"
Bring said.
The surviving spouse and estate of Mae Frances Holmes Reed initially
sued Heritage Healthcare of Savannah, LLC, which operates the nursing
home where Reed resided, in a Georgia trial court.
The nursing home sought to enforce the parties' arbitration agreement
and filed suit in a South Carolina federal district court. The claimants
then conceded that the case should be arbitrated and the district court
entered an order compelling arbitration.

The complaint alleged that Reed died because her nocturnal ventilator
was not connected per her physician's orders. The complaint relied on an
affidavit of a certified nurse assistant (CNA) who worked for Heritage
Park but who was terminated roughly two weeks after Reed's death.
According to the CNA, the ventilator was not connected and the nursing
home engaged in a conspiracy to cover up the incident.
The arbitrator found, however, that the evidence demonstrated Reed's
ventilator was connected and operating appropriately. The arbitrator
also noted that no other witnesses came forward to corroborate the CNA's
allegations.
"In addition, [the CNA's] credibility was seriously undermined by
inconsistent statements that she made and by the lack of plausibility of
her accounts," the arbitrator said.