State Suspends Admissions to Upper Eastern Tennessee Nursing Home
Recently, the Tennessee health commissioner ordered an Eastern Tennessee nursing home, the John M. Reed Health and Rehabilitation in Limestone, Tennessee to stop admitting new residents. State surveyors allegedly found conditions that put residents in “immediate jeopardy,” ranging from the failure of staff to appropriately treat pressure wounds, administer antibiotics and inform residents’ doctors and relatives of changes in their medical conditions. They also found a shortage of staff (especially at night), and the facility’s fire alarm testing failed. They also found that staff failed to properly clean wounds.
The state had begun investigating the facility after complaints were filed back in October. The facility’s suspension was effective December 3, 2015, when the investigation was completed. The commissioner imposed a one-time state civil monetary penalty of $4,000. The state’s health department also appointed special monitor to review the home’s operations. The facility can house up to 63 patients, and the facility has declined to give statements.
Wrongful Death among the Elderly
Like with wrongful death lawsuits with children, the death of an elderly person typically yields limited legal recovery. Because wrongful death damages are based on the potential financial earning potential of the deceased, it is presumed that an elderly person past the age of retirement no longer has earning potential.
The Eggshell Skull Doctrine
The eggshell skull doctrine often presents itself in cases dealing with the death or injury of an elderly person. The doctrine states that a defendant who harms the plaintiff must pay for whatever damage the victim suffered, even if it was much worse than one would expect. The rule is named for an imaginary plaintiff who is particularly frail, not in good health, or susceptible to injuries. For example, a slip and fall or a cut on a reasonably healthy person typically heals, but for a weaker, older patient a broken bone or cut can lead to infection and death.
The Crumbling Skull Doctrine
The crumbling skull rule is the rebuttal rule to the eggshell skull doctrine. It limits a defendant’s liability because it states that the harm suffered by the victim was inevitable due to his or her fragile nature, and the defendant’s actions had a minimal effect upon the already-weakened victim. If this doctrine is applied, the defendant will not be held liable for all the damage done to the victim.
Nashville Personal Injury and Wrongful Death Attorneys
Losing a loved one to an accident or the negligence of another person is devastating, no matter how old s/he was. At the firm of Calhoun Law, PLC, our attorneys are compassionate, aggressive, and sharp. After the loss of a family member, no one wants to endure an extensive legal battle or be forced to relive the details of the accident, all the time. If you have lost a loved one due to someone else’s bad behavior, contact our Nashville law firm today.