Articles Posted in Wrongful Death

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chest X-rayIn negligence actions, many different defendants may be at issue in a case. There may be an individual who caused an injury, or a company that produced a product that led to an injury, or an owner of a property that had a dangerous condition leading to an injury. Circumstances may also arise in which one party is responsible for the actions of a defendant because that defendant was acting as an agent for the party at the time of the injury. In these cases, even though the party didn’t take the action that caused the injury, it can still be held responsible for the actions of its agents.

A recent Tennessee wrongful death case illustrates this point. In this case, D.H. sued Trinity Hospital after his wife died following colon surgery. After the surgery, D.H.’s wife developed several complications, including intestinal obstruction. She was kept at the hospital for evaluation, but her condition continued to deteriorate. Nurses noticed leakage from her insertion wound and reported it to the doctors. Dr. A, a radiologist, conducted a CT scan to rule out the possibility of a bowel perforation, but he did not notice any problems. D.H.’s wife continued to worsen, and she eventually went into septic shock and died.

During litigation, D.H. finally received a copy of the CT scan after three years of efforts to obtain it. It showed clear evidence of air in D.H.’s wife’s abdomen, which was indicative of bowel perforation. Because of the time that had passed, D.H. could not add Dr. A. to his lawsuit. Instead, he sought a ruling from the court that Dr. A. was an agent of Trinity and that Trinity should be held liable for any damages he caused in order to prevent them from reaping the benefit of their failure to produce the CT scan.

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gunGun ownership is an issue about which many Tennesseans feel passionately. While individuals may disagree about when and where individuals should be allowed to have guns, all agree that gun owners have a responsibility to use their guns safely. Recently, a case in the Tennessee Court of Appeals raised a novel issue in gun ownership, asking whether a gun owner owes a duty to protect an individual whom he or she knows is mentally unstable or suicidal from using his or her gun. This question potentially broadens the responsibility that gun owners have not only to themselves but also to others.

In this Tennessee wrongful death case, the personal representative of C.C. brought claims against J.W. after C.C. committed suicide in 2014. C.C. was a nurse with a husband and young child when she began an affair with a doctor, J.W., at the hospital where she worked. When her husband became aware of the affair, they divorced, and the husband eventually sought full custody of their child. While going through these proceedings, C.C. became increasingly depressed and upset and eventually sought the help of a psychiatrist. She was prescribed medication but continued to struggle with depression. In January 2014, C.C. attempted suicide for the first time by overdosing on her medications and mixing them with alcohol. She was transported to a local hospital, and J.W. was alerted. Eventually she was released into J.W.’s custody with instructions to receive further mental health care. Over the following weeks, C.C. learned that her ex-husband had been granted full custody of their child. She and J.W. began to disagree and temporarily separated. Several weeks later, they reconciled.

At around that time, J.W. inherited a gun and ammunition from a family member. While C.C. was visiting J.W.’s home one night, J.W. showed her the pistol and where it was located. J.W. and C.C. continued to have an on and off relationship. While C.C. also continued to see her therapist, she never told him about the attempted suicide, and J.W. did not share this information either. As a result, C.C. was not prescribed any further medication or treatment. Shortly before her suicide, C.C. and J.W. had another fight when J.W. attempted to break off the relationship. While J.W. was away on business, C.C. asked if she could stay at his home while she looked for new housing. J.W. agreed. While in his home, C.C. shot herself with the pistol that J.W. had shown her. By the time he returned home, C.C. was dead. The personal representative of C.C.’s estate sued J.W. for negligence, arguing that J.W. should have kept and stored his gun in a safe manner where it was not accessible to C.C. The representative further argued that J.W. knew of C.C.’s precarious mental state and owed a duty to protect her from the possibility that she might harm herself.

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Celtic crossWhen an individual passes away due to another party’s negligence, the law provides that the decedent’s claim for damages should not simply disappear. Instead, two types of potential claims can be brought in response to the death. In some states, the decedent’s claim passes to immediate relatives like a spouse or children through “survival” statutes, and these family members can claim the decedent’s damages from the injury. Alternatively, in some states, immediate relatives instead can bring a wrongful death claim. This is a claim that is based not on the damages that the decedent experienced but on the damages the immediate relatives experienced as a result of the decedent’s death. Recently, the Tennessee Supreme Court clarified that Tennessee has a hybrid statute that combines these two types of claims and allows immediate relatives to bring their own lawsuits after a family member dies.

In this Tennessee wrongful death decision, the Tennessee Supreme Court considered the case of Mr. H. Mr. H.’s wife had elective surgery to treat colon cancer in 2004. After the surgery, she began to experience various medical complications. Almost a week later, she was re-admitted to the hospital, but it was too late because she was already in septic shock. Despite attempts to treat her, Mrs. H. died several hours later. Almost a year later and just before the statute of limitations deadline, Mr. H. filed a pro se wrongful death complaint, alleging that the hospital failed to treat Mrs. H. properly and that Mr. H. was entitled to damages as a result of her death.

The defendants immediately moved to dismiss the complaint, arguing that Mr. H. could only bring his claims as a representative of Mrs. H.’s estate, rather than as his own personal claims. Furthermore, they argued that only attorneys can bring representative claims, and since Mr. H. was not an attorney, his complaint had to be dismissed. The lower court denied the motions, finding that while a decedent’s immediate relative brings a wrongful death claim on behalf of the estate, representing all of the beneficiaries’ interests, since Mr. H. was the only beneficiary of the estate, he could bring the claim in a personal capacity.

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ambulance

In negligence cases, defendants can only be held liable for damages that result from actions that they have directly caused. For example, if a plaintiff is involved in an accident during a thunderstorm, she may be able to sue the other driver for injuries that she sustained during the car accident. However, if she is also struck by lightning from the thunderstorm, she cannot seek damages for any damages related to those injuries, since they were caused by an independent intervening event, the lightning strike. While the intervening cause is clearly separate and distinct from a driver’s negligence in that example, separating the two is not always so easy. In a recent case before the Tennessee Court of Appeals, the court considered whether the suicide of a young woman was an independent cause of the daughter’s and her family’s injuries, or a foreseeable result of a police department’s failure to take action.

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hiding faceWhen a party is injured by the negligence of another party, that individual typically has claims for the pain and suffering and other damages that they experienced. Additionally, in some states, like Tennessee, those who knew the party, were closely related to the person injured, or witnessed the injury that occurred may also have their own claims for negligent infliction of emotional distress (NIED). Since NIED claims could potentially open a defendant up to many claims by many different parties, they are typically construed quite narrowly and require plaintiffs to show that they were immediately affected by an “injury producing event.” In a recent case before the Tennessee Court of Appeals, the court considered whether an injury producing event had to occur instantly or could be the product of prolonged negligence over time.

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fileOne of the foundational principles of the public judiciary is that judicial proceedings should be open and transparent for the public. For this reason, filings, papers, and arguments made by parties in a lawsuit are typically considered part of the public record and can be viewed by others, although sometimes for a small fee. In very limited circumstances, parties can request that a court “seal” a paper that is filed, or the record of the proceeding in its entirety, in order to protect the privacy of parties involved. This can happen when one party is a minor or when sensitive information is being discussed, such as with medical records, cases involving sexual or child abuse, or situations when confidential financial information is at issue. Even when a court agrees to seal a record, the parties cannot use that to their advantage to keep important information from another party in a related lawsuit, as illustrated by a recent decision by the Tennessee Court of Appeals.

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prisonAt the heart of every negligence case is the question of whether the alleged defendant actually owed a duty to the plaintiff who was injured. Without the presence of a duty, the defendant simply cannot be held responsible for any accident or injury that might have occurred. In Tennessee, individuals generally do not owe a duty to prevent another individual from harming themselves or to prevent a harm that they had no part in creating. This is often known as the no duty to aid doctrine. However, as with most general rules, there are some exceptions. Recently, the Tennessee Court of Appeals considered whether a special exception applies to prisons when they are in custody of a prisoner, or even after the prisoner is released.

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brainWhen an individual has to have serious surgery, he or she will generally be asked to consent to such surgery and will be informed of all of the related risks that may accompany the surgery. A surgeon will typically inform the patient of the possible scenarios that may occur during the surgery and the likelihood or risk of side effects or bad outcomes. This way, when the surgery occurs, a patient cannot later accuse the surgeon of undertaking actions of which he had not previously informed the patient. When a surgeon does not adequately inform a patient of what is likely to occur during surgery, or the risks involved, and undertakes procedures of which the patient was not previously aware, a patient may later claim medical battery or an injury to the body to which the patient did not consent. In a recent case before the Tennessee Court of Appeals, a patient, and later her son, alleged medical battery as a result of a procedure that she claimed she was not made aware could occur.

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hospital room

With the passage of several recent laws in Tennessee, plaintiffs seeking to bring claims against doctors and health care facilities must meet stringent requirements for providing notice and information to potential defendants. When these procedural requirements are not met, plaintiffs can be prevented from seeking relief and have their claims dismissed. In a recent case before the Tennessee Court of Appeals, one such claim was dismissed after a plaintiff failed to provide proper notice to defendants under the laws.

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car crashWrongful death claims are claims brought on behalf of an individual who has died as a result of another party’s tortious conduct. Since the deceased individual cannot bring a claim, certain family members are statutorily permitted to do so. Most state statutes, including Tennessee’s, carefully prescribe who is permitted to bring a wrongful death claim. This helps to avoid distant family members or acquaintances from bringing a claim that should rightfully belong to a spouse or child. A recent case before the Tennessee Court of Appeals recently looked at whether a daughter can bring a wrongful death claim when a spouse is also alive and wishes to bring a claim as well.

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