Huie Obtains Summary Judgment in Nursing Home Arbitration

Huie partner Gordon Sproule and associate Owen Mattox recently secured summary judgment in a wrongful death arbitration involving one of the firm’s nursing home clients.

The Challenge

One of Huie’s nursing home facilities was sued by the family of a former resident in a wrongful death lawsuit. The family claimed that the facility failed to meet the standard of care while treating the resident, causing the resident to develop sepsis. The resident died following her transfer to a local hospital. Because of the existence of an arbitration agreement, the case was submitted to arbitration.

Our Approach

After deposing the Plaintiff’s expert witness, the team determined that the Plaintiff had failed to produce adequate evidence that the facility’s nursing personnel had fallen below the standard of care—something that Alabama law requires in suits involving medical malpractice.

Results

Following the team’s determination that the Plaintiff lacked sufficient proof of any negligence on the part of the nursing facility, they filed a summary judgment, demonstrating that the Plaintiff’s claims could not proceed in the absence of evidence that the nursing facility breached the applicable standard of care. Ultimately, summary judgment was granted, with the parties’ arbitrator finding that the Plaintiff had no evidence to support allegations that the nursing home facility’s conduct caused or in any way contributed to the resident’s death.