Document Category:
State: Tennessee
Subject Matter: McClemore v. Lifecare
Document Title:
Comments:

The attached ruling came down from the TN
court of appeals.  It affirms a jury verdict
of $225k compensatory damages (remitted from $500k by the trial court)
and punitive
damages of $4.25 million.   1) the case involved a resident
who was admitted with a stage II ulcer that progressed
to stage IV over the 13 day residency; 2) the resident was discharged
to the hospital with severe malnutrition and dehydration plus the stage
IV wound; 3) there was the typical testimony of short-staffing and short
supplies that presumably came from former
employees; 4) plaintiffs main allegations
appear to have been a lack of adequate turning and repositioning and
hygiene care; 5) the jury found that the nursing
home deviations from the standard of care were
not a substantial
factor in the resident death; and 6) a double
figure multiplier of punitive vs. compensatory damages is not per se
unconstitutional in TN.


Document Author: Tennesee Ct. of Appeals
Firm/Company: Tennesee Ct. of Appeals
Document Date: June 2012
Search Tags: Punitive Damages multiplier
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