Chapter 47: Negligence Per Se
1. Estate of Martha S. French vs. The Stratford House, et al., No. E2008-00539-COA-R3-CV (Tenn. Ct. App. Jan. 29, 2009).
The Court's Summary:
This case involves a complaint for personal injury and wrongful death filed by Kimberly S. French (“the Administratrix”), Administratrix of the Estate of Martha S. French (“the Deceased”), against the owners and operators of a nursing home (“the Defendants”). The Deceased was a resident of the nursing home – The Stratford House – from April 3, 2003, to July 23, 2003. The Administratrix claims that the Defendants failed to provide the Deceased with basic care such as filling her water pitcher, feeding her, cleaning her after incontinence, bathing her and turning her every two hours to avoid pressure sores. The Administratrix argues that, due to lack of care, the Deceased developed pressure sores that were not properly treated, became infected and ultimately caused her death from sepsis. The Administratrix, who is the daughter of the Deceased, brought suit, alleging claims for ordinary negligence, negligence per se under state and federal regulations of nursing homes, violations of the Tennessee Adult Protection Act (“TAPA”), Tenn. Code Ann. § 71-6-101 et seq. (2004 & Supp. 2008), and medical malpractice under Tenn. Code Ann. § 29-26-115 et seq. (2000 & Supp. 2008). The trial court held that the only cognizable claims against Stratford House were for medical malpractice. The court granted the Defendants summary judgment on all of the Administratrix’s non-medical malpractice claims and on her claim for punitive damages. Two of the defendants sought summary judgment as to all of the claims; the court denied their motion. The Administratrix appeals and both sides raise issues. We affirm in part and vacate in part.
The Court's Summary:
This case involves a complaint for personal injury and wrongful death filed by Kimberly S. French (“the Administratrix”), Administratrix of the Estate of Martha S. French (“the Deceased”), against the owners and operators of a nursing home (“the Defendants”). The Deceased was a resident of the nursing home – The Stratford House – from April 3, 2003, to July 23, 2003. The Administratrix claims that the Defendants failed to provide the Deceased with basic care such as filling her water pitcher, feeding her, cleaning her after incontinence, bathing her and turning her every two hours to avoid pressure sores. The Administratrix argues that, due to lack of care, the Deceased developed pressure sores that were not properly treated, became infected and ultimately caused her death from sepsis. The Administratrix, who is the daughter of the Deceased, brought suit, alleging claims for ordinary negligence, negligence per se under state and federal regulations of nursing homes, violations of the Tennessee Adult Protection Act (“TAPA”), Tenn. Code Ann. § 71-6-101 et seq. (2004 & Supp. 2008), and medical malpractice under Tenn. Code Ann. § 29-26-115 et seq. (2000 & Supp. 2008). The trial court held that the only cognizable claims against Stratford House were for medical malpractice. The court granted the Defendants summary judgment on all of the Administratrix’s non-medical malpractice claims and on her claim for punitive damages. Two of the defendants sought summary judgment as to all of the claims; the court denied their motion. The Administratrix appeals and both sides raise issues. We affirm in part and vacate in part.