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.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
