It happens under the guise of “signing some papers” during admission into a Knoxville nursing home, convalescent center, hospital, or other medical center. The patient or his or her family member often has no idea of the ramifications of signing the pile of complex documents that are shoved in front of them during what is probably one of the most difficult days of their life.

Fortunately, not all such attempts to thwart the legal process are successful. In some cases, the court system refuses to grant the health care provider’s request to send the case to an arbitrator rather than have it rightfully proceed through the litigation process.

Facts of the Case

In a recently released opinion from a federal district court, the plaintiff was the mother of a man who allegedly died due to the mistreatment of the defendants, a nursing and rehabilitation facility and others. According to the plaintiff, she took the decedent to the defendant facility in late 2017. The decedent apparently resided there for about a year and a half. After being transferred to a hospital and then to another health care center, the decedent died in August 2019. According to the plaintiff, the decedent suffered physical injuries (including pressure sores), pain and suffering, and mental anguish while in the defendant facility’s care; the plaintiff further averred that the decedent’s injuries were the proximate result of the defendant’s negligence in caring for the decedent.

The plaintiff’s lawsuit included claims for “survival and wrongful death” on behalf of herself and other wrongful death beneficiaries. She sought compensation pursuant to the Tennessee Healthcare Liability Act, codified at Tennessee Code Annotated §§ 29-26-101, et seq and/or the provisions of Tennessee negligence law. The facility filed a motion to compel arbitration of the plaintiff’s claims; it also sought a stay of the case pending resolution of said arbitration.

The Court’s Decision

The United States District Court for the Western District of Tennessee, Western Division, denied the facility’s motion to compel arbitration. According to the court, the plaintiff did not have the legal authority to enter into the agreement to arbitrate on behalf of the decedent, nor could the facility bind the decedent to the agreement as a third-party beneficiary of the contract. Likewise, the court found that the plaintiff did not enter into an agreement to arbitrate in her personal capacity.

In so holding, the court noted that, under the Tennessee Heath Care Decisions Act, signing an agreement to arbitrate was a heath care decision. Under T.C.A. § 68-11-1806, a surrogate could only make such a decision on a patient’s behalf if the patient had been determined by a designated physician to lack capacity. Here, the decedent’s doctor did make such a decision, but the date of his signature was illegible. Because the court was not convinced that the doctor signed the surrogate form on a date prior to the plaintiff’s signing of the agreement to arbitrate, it found that the facility had failed to meet its burden of showing that the plaintiff had the authority to form a contract on the decedent’s behalf.

Insomuch as the plaintiff signed the relevant document only on the decedent’s behalf, the court also opined that no agreement to arbitrate had been formed on behalf of the plaintiff with regard to her individual claims.

Schedule a Consultation About a Nursing Home Abuse Case

If you believe that you or a loved one may have a nursing home abuse claim against a health care facility in the Knoxville area, please call the Hartsoe Law Firm at (865) 804-1011 and ask for an appointment to come in and discuss your situation. We handle cases throughout east Tennessee, including Maryville, Alcoa, Farragut, Seymour, Powell, Karns, Oak Ridge, Clinton, and the surrounding area.

The patient or family member often has no idea that, by signing these admission papers, he or she is giving up the right to have a future personal injury or wrongful death case decided by a judge or jury. Instead, if a claim arises, the case will proceed in front of an arbitrator.

Arbitrators tend to be much more conservative in their awards – if they even agree that there was negligent or wrongful conduct on behalf of the nursing home or its employees – thus potentially saving the potential defendant and its insurance company a considerable amount of money in some cases. Fortunately, not every such “agreement” to arbitration is upheld in court.

Facts of the Case

The plaintiff in a recent case arising in the Circuit Court for Gibson County was the daughter of a woman who allegedly died as a result of the negligence of the defendant nursing home. After the plaintiff filed her wrongful death action against the defendant, the defendant sought to compel arbitration of the plaintiff’s claim. In its motion to compel, the defendant relied upon paperwork that the plaintiff had signed when the decedent had been admitted to the defendant’s care. According to the plaintiff, the decedent had been mentally incompetent at the time of her admission, and the decedent had not given the plaintiff power of attorney to act on her behalf.

The trial court denied the defendant’s motion to compel arbitration. The defendant appealed.

The Appellate Tribunal’s Decision

The Court of Appeals of Tennessee at Jackson affirmed the circuit court’s denial of the defendant’s motion to compel arbitration. The court began its analysis by explaining that its review of a lower court’s ruling on a motion to compel arbitration was de novo on the record with a presumption of correctness. Only if the evidence preponderated against the lower court’s ruling would its decision be disturbed on appeal. For evidence to “preponderate” in such a situation, the evidence would have to support a different finding of fact with greater convincing effect.

The defendant argued that the enforceability of the arbitration agreement should have been decided by an arbitrator rather than by the court and that, in any event, the record supported a finding that the plaintiff had either actual or apparent authority to sign the agreement to arbitrate on behalf of the decedent. The appellate court disagreed with these contentions, concluding that the plaintiff had neither actual nor apparent authority to sign the arbitration agreement. Accordingly, the appeals tribunal held that the plaintiff’s case could proceed in a court of law rather than in front of an arbitrator.

For Advice About a Nursing Home Abuse Case

The decision to place a loved one in a nursing home or assisted living center is always a difficult one. Such a decision requires a patient’s family to place a great deal of trust in those who own the nursing facility, as well as those who work directly with the patients. When that trust is broken, it can leave a family devastated and looking for answers to a great many questions. To talk to an attorney about pursing litigation against a nursing facility whose negligence or abuse you believe may have led to a loved one’s injury or wrongful death, call the Hartsoe Law Firm today at (865) 804-1011.

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.

The circuit court denied the defendant’s motion, finding that the plaintiff did not have authority, under the power of attorney granted to her by her mother in 2007, to bind the mother to the agreement. The defendant appealed.

Holding of the Appellate Court

On appeal, the defendant raised three issues: 1) whether the trial court erred in deciding the issue of the plaintiff’s authority, given that the Federal Arbitration Act, 9 U.S.C. §§ 1-16, required the issue of enforceability of an alleged arbitration agreement to be referred to the arbitrator for determination; 2) whether the trial court erred in finding that the plaintiff lacked either actual or apparent authority to bind her mother to the alleged arbitration agreement; and 3) whether the agreement should be enforced against the mother as a third-party beneficiary.

The Court of Appeals of Tennessee at Jackson resolved all the issues in the plaintiff’s favor and affirmed the circuit court’s order denying the defendant’s motion to compel arbitration. The court began by stating that, based on previous case law, the determination of whether an arbitration agreement was properly formed was a question for a court of law, rather than an arbitrator. The court then acknowledged that the power of attorney at issue specifically stated that it did not authorize the plaintiff to make “medical or other healthcare decisions” for her mother and that the alleged arbitration agreement explicitly stated that its signing constituted a “healthcare decision.” Consequently, the appellate court agreed with the circuit court that the plaintiff lacked authority to bind her mother to the alleged arbitration agreement.

The court also held that, insomuch as the mother was incompetent at the time of her admission to the defendant’s facility, she could not have clothed the plaintiff with the appearance of authority to make health care decisions on her behalf, and that, since the plaintiff lacked authority to bind her mother to the agreement, there was no valid contract under which the mother could be a third-party beneficiary.

Speak to an Experienced Personal Injury Attorney in Knoxville

To speak to a knowledgeable nursing home abuse attorney about a possible lawsuit against a nursing home, long-term care facility, or other health care provider, contact the Hartsoe Law Firm at (865) 804-1011. It is important that an attorney be consulted as soon as possible about suspicions of negligence or malpractice.

The Nursing Home Report Card does a state-by-state analytical comparison ranking the quality of nursing home care. The purpose of the report card is to laud those states providing quality nursing home care while pointing out states with poor quality to encourage additional accountability. Families for Better Care states, “Tennessee is among the poorest staffed nursing homes states in America as the state overwhelmingly failed every staffing measure.” For the region, Tennessee ranked second to last in what the report characterized as the woeful Southeast Region.

Sadly, there are many people in Tennessee that are unaware of these statistics, and most people only find out when it hits close to the family.

A nation’s greatness is measured by how it treats its weakest members. —Mahatma Ghandi

There are many ways a nursing home can be liable for neglect or abuse. Under the Tennessee Protection Act, it can be a Misdemeanor or Felony for abusing or neglecting a senior in a nursing home. Even those who know of abuse but fail to report it may face legal charges. Last year, the Knoxville News Sentinel reported that the Tennessee Bureau of Investigation arrested 5 individuals for nursing home abuse. While criminal action is meant to remedy violations of public laws, a civil action will need to be brought in order to compensate damages to an elderly person or their family.

A nursing home will be found liable for abuse or neglect if an injured party can prove that 1) the nursing home’s owner or employees breached a standard duty of care, 2) the elderly person’s injury was caused by this breach, and 3) the conduct of the nursing home’s owner or employee caused the injury. In order to prove the standard of care, a nursing home abuse attorney can provide expert testimony outlining the standard procedures that a nursing home must follow. Furthermore, Tennessee has several regulations outlining the minimum standards of care and licensing requirements. The Tennessee Health Care Association produces a guide outlining the minimum standards of care; and also, Tennessee Department of Health outlines the standard of care required for licensing.

When an elderly person or their family make the hard decision to enter the care of a nursing home, they should be able to trust that they will receive proper care. Nursing home abuse can cause physical, emotional, and financial difficulties. An experienced nursing home abuse attorney can the gather evidence and review all the elements of your case to determine if the standard of care has been breached.

If you have or a loved one have been the victims of nursing home abuse, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: Guide To Long-term Care In Tennessee, Jan. 1, 2011, Tennessee Health Care Association publication

Standards For Nursing Homes, Nov. 1, 2012, Rules Of Tennessee Department Of health

More Blog Entries: Reports of Nursing Home Abuse in Tennessee Shut Down Facility, Jan. 24, 2012, Knoxville Injury Lawyer Blog