Norton v. United Health Servs. of GA Inc.

An arbitration agreement between a nursing home facility and the decedent did not bar litigation of the wrongful death claims the decedent's beneficiaries asserted against the defendants, and the trial court erred in granting the defendants' motion to compel arbitration with regard to those claims.

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Bernard Norton, by and through Kim Norton, sued United Health Services of Georgia, Inc.; UHS-Pruitt Holdings, Inc.; PruittHealth, Inc.; PruittHealth Care Management, Inc.; PruittHealth-Property Management, LLC; PruittHealth Consulting Services, Inc.; PruittHealth Therapy Services, Inc.; PruittHealth-Toccoa, LLC; and Tracy Ivester, NHA collectively, the defendants for the wrongful death of Bernard’s wife, Lola Norton, alleging, among other things, that negligence at a nursing home owned and/or operated by the defendants caused her death. The defendants moved to dismiss the complaint or, alternatively, to stay the proceedings and compel arbitration of all claims. The trial court granted the motion to stay and compel arbitration, and this Court granted Bernard’s application for interlocutory appeal. For the reasons that follow, we reverse the trial court’s order compelling arbitration.

The underlying facts are undisputed for purposes of this appeal. From April 25, 2013, until her death on April 18, 2014, Lola was a resident of PruittHealth-Toccoa, a facility owned, operated, and managed by defendants. While at the facility, Lola allegedly suffered injuries and harm, including falls, fractures, weight loss, and death. Bernard, by Kim Norton through power of attorney, and on behalf of Lola’s wrongful death beneficiaries, filed a complaint in superior court asserting several causes of action against the defendants, including negligence, medical malpractice, a statutory cause of action pursuant to Georgia’s Bill of Rights for Residents in Long-Term Care Facilities OCGA § 31-8-100 et. seq., fraud, and wrongful death. According to the complaint, Lola’s injuries and death were the result of the defendants’ failure to provide adequate care and staff.

Norton v. United Health Servs. of GA Inc.

An arbitration agreement between a nursing home facility and the decedent did not bar litigation of the wrongful death claims the decedent's beneficiaries asserted against the defendants, and the trial court erred in granting the defendants' motion to compel arbitration with regard to those claims.

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