Family Intends to Sue Care Center for Patient Neglect

Will Tennessee’s new law bar nursing home neglect lawsuits? Talk to an attorney to learn more.

Losing a loved one is always an emotional and trying experience, and one that can be even more heartbreaking if there is belief that the death could have been prevented. That is exactly what one family is going through right now after losing a loved one who died at the Life Care Center nursing home in Athens. Not only has the family lost their family member, but a new law may prevent them from suing, too. Here is what you need to know.

The Background of the Case

According to an ABC Channel 2 Newsreport, one family is considering suing after their loved one died in the Life Care Center nursing home. Dawn Simmers, the deceased’s daughter, told reporters that her father was admitted to the care center for therapy in March of 2020. When she noticed he was not getting the adequate care and therapy he needed, Dawn decided to remove him from the facility. Just a few days before he was scheduled to come home, the nursing home said he could not because he had contracted COVID-19. Soon afterward, 14 seniors died; Dawn’s father was on that list.

Nursing Home Duty of Care

Typically, a nursing home owes a high duty of care to a resident. If a nursing home resident is harmed as a result of a breach of that duty of care, which could include either abuse or neglect, or both, then representatives can bring a claim for damages against the nursing home. In Dawn’s case, she could bring a claim stating that her father did not receive the proper degree of care he deserved, and as such, he suffered harm. Or at least she could have done that if not for the new law.

The new law in Tennessee is designed to protect businesses, including nursing homes, from liability in the time of COVID-19. Under the law, nursing homes and other businesses are immune from liability in lawsuits filed after August 3 of this year. As such, it may be too late for the Simmers family.

Get Help with Your Nursing Home Abuse Case in Tennessee

Nursing home abuse is a serious problem in our state and others throughout the nation. While nursing home residents deserve to be treated with a high level of care, nursing homes are often overburdened and understaffed, leading to injuries. If you believe that a loved one is suffering from nursing home abuse or neglect, it is important to take action. While you may not have a claim for COVID-19-related injuries or death, if your loved one has suffered other harm (not related to the coronavirus) due to nursing home neglect or abuse, you may have a case. At the law offices of Burch, Morrison, & Stewart, we can help.

To schedule your free consultation with our experienced nursing home abuse lawyers in Tennessee, please use the intake form on our website to send us a message. You can also call us directly at your convenience.