Plaintiffs sued alleging that resident, who had osteoporosis, was negligently dropped by a physical therapist. The trial court dismissed the suit for failure to file an expert witness report. Plaintiffs argued an expert report was not necessary because the claim was for ordinary negligence. Although the injury occurred at the rehabilitation center by its licensed […]

Margie Mary Anderson started receiving Medicaid benefits on January 1, 1994. She died on February 21, 2004. Prior to Ms. Anderson’s death, benefits in the amount of $99,345.81 were paid to her medical providers on her behalf by the Tennessee Bureau of TennCare. In June, October and November of 2003, TennCare sent letters to Henkel’s […]

Mary Virginia Jones Henkel started receiving Medicaid benefits on July 1, 1991. She died on February 19, 2003. In March of 2003, her Conservator sent the Tennessee Bureau of TennCare a copy of the final accounting for Henkel’s conservatorship. TennCare responded by sending a printout of medical services paid by the State to the conservator, […]

On appeal, the issue was the validity of an arbitration agreement entered into by Dorothy Necessary (“Plaintiff”) while signing documents on her husband’s behalf to have him admitted to a skilled nursing facility. Necessary had her husband’s oral express authority to sign all paperwork necessary for his admission to the facility. She claimed that this […]

The Estate of Clifford Ward filed a wrongful death case against a nursing home and corporate defendants in the Rutherford County Circuit Court. The four defendants were National Healthcare Corporation; NHC/Delaware, Inc.; NHC, Inc.; and National Healthcare/Knoxville, LLC. In the complaint, the plaintiffs alleged that the defendants were joint venturers with an equal right to […]

Stinson, a 75 year old who was struck by another resident, fell and broke her hip. She died four months later. The resident who struck her, Johnson, had been approved for placement at the nursing home after he was evaluated by the State. Gensis was under contract with Life Care to provide mental health services […]

On appeal, the Supreme Court of Tennessee found that the primary issue was whether a durable power of attorney for health care authorized the attorney-in-fact to enter into an arbitration agreement as part of a contract admitting the principal to a nursing home and thereby to waive the principal’s right to trial by jury. The […]

The trial court granted summary judgment to the defendant, finding that the statute of limitations had run. The Court of appeals reversed the trial court’s ruling in January, 2006 after finding that disability tolls the statute of limitations notwithstanding the existence of a durable power of attorney. On appeal, the defendants argued the that the agent, […]

After a jury returned a verdict for the Estate, Defendants field a motion for new trial. The action was brought against the doctor, and the nursing home and several employees after resident suffered anoxic brain injury when she dislodged her tracheostomy tube. Prior to trial all parties except the doctor settled and the trial proceeded […]

Defendant Barnes, an agency nurse, was found guilty in a criminal case of knowingly, intentionally and recklessly causing injury to a nursing home resident by cutting her feeding tube. The remaining Defendants in a civil case filed a Motion for Issue Preclusion against Barnes, seeking a conclusive determination that Barnes intentionally and surreptitiously cut the […]

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