Widow Blames VA Hospital for Husband’s Wrongful Death
A veteran’s widow is blaming the Veterans’ Affairs Medical Center in Nashville for her husband’s wrongful death. She has filed a medical malpractice claim against the hospital and is asking for $2.5 million in damages. For over a year, media has been reporting on the backlog at the Nashville VA and the trouble that veterans have had getting the medical attention that they need. Terry Jones was one of those veterans.
Terry and Ramona Jones spoke with the media about the issues going on at the Nashville VA in July of last year. At that time, Terry had already lost his nose to cancer and the veteran Marine had just been diagnosed on his birthday with terminal liver cancer. He believed at that time that the cancer should have been caught earlier by the VA hospital.
According to Terry, he told his doctors to test his nose because he knew that something was wrong, but they never did. He passed away recently, and his wife has filed a lawsuit for his wrongful death against the VA. Mrs. Jones says that delays and a lack of proper treatment cost her husband his life.
In her suit, Mrs. Jones claims that they requested a radiation appointment but never received one. In addition, she claims that the doctor never fully explained the issues, treatments, and possible outcomes to her and her husband. In October, the couple filed a medical malpractice claim against the VA Medical Center in Nashville, saying, “It is unacceptable that a veteran who served this country is put on a waiting list until tumors grow to a size where treatments are impossible.”
Tennessee Wrongful Death Law
In Tennessee, the state code defines “wrongful death” in Section 20-5-106. It states that “the right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person’s death but shall pass to the person’s surviving spouse.” If there is no surviving spouse, other people who make a claim for wrongful death include:
- The person’s children or next of kin;
- The person’s personal representative, for the benefit of the person’s surviving spouse or next of kin;
- The person’s natural parents;
- Parent or next of kin if at the time of death decedent was in the custody of the natural parents or parent; or
- The administrator for the use and benefit of the adoptive parents or parent.
In addition, the law states that any and all settlements in a wrongful death claim are free from claims from creditors to the estate.
Contact a Nashville Attorney Today
If you have lost a loved one because of the negligent act of another in the Nashville area you may have a claim for wrongful death compensation. Let the experienced attorneys at Calhoun Law, PLC help. Call or contact the office today for a free and confidential consultation of your case.