Joseph Reese and Allison Adams recently obtained a defense award in favor of a nursing home in a wrongful death case arising from allegations involving a fall sustained by a resident. At arbitration, the defense voir dired the claimant’s expert and then moved to preclude the expert on the ground that she did not meet the threshold requirements of a similarly situated healthcare provider under the Alabama Medical Liability Act. The arbitration was stayed and briefing was offered on the issue. Following these submissions, the arbitrator granted the defense’s motion to preclude. As a result, the arbitrator found that the claimant was unable to properly support her wrongful death claim and entered an award in favor of the nursing home.
