Alabama Supreme Court Ruling in Favor of Nursing Home Client in Medical Malpractice Case

Huie attorneys Gordon Sproule and Brian Donald recently obtained a decision from the Supreme Court of Alabama compelling arbitration in the Circuit Court of Jefferson County, Alabama on behalf of Birmingham Nursing and Rehabilitation Center, LLC. The underlying action involved a medical malpractice action brought by a former resident of the Defendant facility. The Defendant moved to compel arbitration, citing an arbitration agreement signed by one of the resident’s two legal guardians. The trial court originally compelled arbitration, finding when two guardians are appointed only a single guardian’s signature is necessary to bind their ward. The trial court later reversed its opinion on Plaintiff’s motion to alter, amend, or vacate. The Defendant appealed.

The Challenge

The Alabama Uniform Guardianship and Conservatorship statute does not address whether guardians of an incompetent adult must act in concert to bind their ward. This was a case of first impression before the Supreme Court.

Our Approach

Huie researched how this issue had been addressed by other states who had adopted the Uniform Guardianship and Conservatorship Act, as well as examined the legislative intent behind the current version of the Alabama probate code. Additionally, Alabama Nursing Home Association attorneys provided support through an Amicus Brief.

Results

Huie attorneys have made case law favorable to compelling arbitration that benefits the client in the present litigation, as well as future clients seeking to compel arbitration where the arbitration agreement at issue was signed by a single guardian where two were appointed.