Nursing Home Case Spotlights Malpractice Damages Cap

In Tennessee and all across the country, our loved ones sometimes need more care than we can provide for them. This usually means that they have to enter a nursing home. However, when we choose a nursing home for our loved ones we expect that they will be properly cared for. Unfortunately, many nursing home patients can be seriously injured or die due to the nursing home neglect. This may be because many nursing homes are understaffed or improperly trained. Whatever the reason, if you or one of your loved ones has been seriously injured or died as a result of nursing home medical malpractice then you should talk to a Tennessee nursing home and medical malpractice lawyer as soon as possible. They will hear your case and make sure you get the compensation you are entitled to.

According to this case, a jury awarded Dorothy Douglas’ family $11.5 million in compensatory damages and $80 million in punitive damages after finding the nursing home indirectly responsible for causing the woman’s death. The family claims that Douglas died from complications from dehydration after being transferred to the nursing home three weeks before her death. During the trial, the lawsuit claimed that the nursing home did not have enough staff members and this claim was confirmed by former employees that stated because of the poor working conditions, they could not properly care for patients.

The lawyers for the nursing home are claiming that the $11.5 million in compensatory and punitive damages should be reduced according to the state’s medical malpractice law. In 2003, the state amended the law to place a cap of $500,000 plus inflationary adjustments, on non-economic damages for medical negligence. The Supreme Court ruled that the cap was constitutional. The lawyers for the nursing home also state that the $80 million in compensatory damages far exceeds what the facts justify in the case.

The lawyers for Douglas family claim that the law does not apply to nursing homes and nursing home aides.

Cases just like this one occur all too often to nursing home residents all across the country and right here to Tennessee nursing home residents. If you feel that someone you love has been seriously injured or died due to improper nursing home care and medical malpractice, then we recommend you contact one of our knowledgeable and compassionate Tennessee nursing home and medical malpractice lawyers immediately. We care about our clients and will listen to your case and make sure you receive the compensation you deserve for what you have had to suffer through.

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