Earlier this month, the Supreme Court of Georgia issued a written opinion in a nursing home negligence case that required the court to determine if an arbitration agreement in a pre-admission contract was binding against the deceased resident’s estate in a subsequent wrongful death lawsuit. The court determined that due to the derivative nature of wrongful death lawsuits, the deceased resident’s estate was bound by the agreement.
The plaintiff in this case was the husband of a woman who had died while in the care of the defendant nursing home. Prior to the plaintiff’s wife’s admission to the nursing home, the plaintiff’s wife had executed a durable power of attorney in her husband’s favor. This allowed him to make legal decisions regarding his wife’s medical and financial decisions.
Before the plaintiff’s wife was admitted into the defendant nursing home, the plaintiff signed a pre-admission contract that contained an agreement to arbitrate any claims that may arise from the nursing home’s care of his wife. The plaintiff signed the agreement.