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In the state of Tennessee, what is needed to constitute a case for neglect/wrongful death against a group home facility?
Anonymous6 views4 answers
My sister recently passed while in the care of a group home facility for adults with special needs. She was severely autistic and nonverbal. She was overmedicated and the autopsy report shows such. (acute combined drug toxicity). Her body temps were at an alarming low (92 degrees) and no effort was made to get her medical attention. It was until early in the morning when the attendant working in the group home found her to be unresponsive. 911 was not called at until 45 minutes later after she was noticed unresponsive. Essentially, leaving her to lie there for nearly an hour before getting her any help. The home worker also refused to perform CPR.
You should contact an attorney right away. The chances are good that the group home has insurance that has already begun collecting information/evidence. You should do the same. Consult an attorney and let them guide you.
Adam A StudnickiPersonal Injury LawyerScottsdale, AZ ·
I am sorry to hear about your loss. Talk to a nursing home negligence lawyer ASAP. The specific circumstances should be reviewed to determine whether there is a claim. It's definitely something worth looking into further.
I am very sorry for your loss and your family's tragic loss. Based on the information you provided in your inquiry, it would appear that the facility and it's staff acted negligently if not grossly negligent, and their conduct and failure to care led to the tragic loss of your sister. Under Tennessee law, an action for wrongful death and/or medical malpractice must be initiated within one year of the discovery of the commission of the negligent conduct that led to the death. You will need an attorney to petition the chancery court to open an estate on behalf of your sister, to
include the appointment of an administrator for the estate (typically the administrator is closet surviving next of kin). The lawsuit may have multiple components including both wrongful death and medical malpractice against your sister's medical providers. I would advise you to quickly retain counsel experienced in this type of law so that your attorney can serve the responsible parties with a preservation of evidence notice to prevent the care facility, it's staff any other persons responsible for your sisters death from disposing of any pertinent evidence. It is also important that you retain an attorney skilled in wrongful death and medical malpractice, because in Tennessee there are multiple legal hurdles which must be performed in advance of the one year expiration in order to preserve the lawsuit with regard to medical malpractice. Good luck
