Unanimous Decision Marks a Milestone for Elder Rights in California
LONG BEACH, Calif., April 3, 2024 /PRNewswire-PRWeb/ -- In a landmark ruling that promises to reshape the landscape of elder care and legal rights in California, Lanzone Morgan, LLP achieved a monumental victory in the California Supreme Court. The unanimous decision in Harrod v. Country Oaks Partners, LLC establishes that executing optional arbitration agreements does not fall within the purview of health care decisions authorized by health care powers of attorney.
This pivotal case began when 76-year-old Charles Logan, represented by the elder abuse litigation specialists at Lanzone Morgan, LLP, challenged an arbitration agreement Logan's health care agent signed on his behalf. The arbitration agreement between Logan and Country Oaks Care Center, the nursing home he resided at for a short time, sought to circumvent Logan's right to a jury trial in matters of elder abuse and neglect against Country Oaks and its owners and operators. Logan's lawsuit alleges he was subject to abuse and neglect at Country Oaks, where he fell, broke his hip, and developed bedsores.
The trial court denied the nursing home's efforts to enforce the arbitration agreement, a decision upheld by the Court of Appeal and now affirmed by the California Supreme Court. The ruling clarifies that health care agents' authority does not extend to binding principals to arbitration agreements that are optional and separate from mandatory facility admissions paperwork. This decision sets a precedent, ensuring that elders admitted to care facilities under a health care power of attorney retain their fundamental right to seek justice through a jury trial.
Suzanne Voas of Lanzone Morgan, LLP, who represented Logan in the Court of Appeal, commented on the victory, "It's a bittersweet victory because Mr. Logan didn't get the chance to see his case unfold, but this decision is bigger than just this case. It safeguards the right to a jury trial for many elders in California who have appointed someone to make health care decisions on their behalf."
This triumph marks a significant stride forward in protecting the legal rights of the elderly, preventing healthcare facilities from bypassing the judiciary system through arbitration clauses. Lanzone Morgan, LLP, alongside Matthew Borden and Kory J. DeClark of BraunHagey & Borden LLP, has not only honored Charles Logan's legacy but has also ensured a safer, more just future for all elderly Californians.
Lanzone Morgan, LLP remains committed to advocating for the rights and dignity of the elderly and will continue representing Logan, through his Successor in Interest, in the forthcoming trial court proceedings. This California Supreme Court ruling empowers Lanzone Morgan, LLP, and other advocates for elder justice to fight even more effectively for those they serve.
About Lanzone Morgan, LLP
Lanzone Morgan, LLP is a leading elder abuse law firm specializing in litigating cases of nursing home and elder abuse. With a deep commitment to defending the rights of elderly and dependent adults, the firm has been a steadfast advocate in securing justice for victims of elder abuse and neglect.
Media Contact:
Evan Lamont, TLG Marketing
[email protected] | 562-472-6362
SOURCE Lanzone Morgan, LLP
Share this article