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Winstead v. Claiborne County Hospital and Nursing Home3/27/2001
ither not detected or timely reported to the doctor.
We find this breach of the standard of care was the proximate cause of decedent's death. Dr. Reines opined that it was more probable than not that decedent would have survived if treatment had been initiated sooner, and Dr. Thomas basically admitted that treatment would have been initiated sooner if he had understood the gravity of decedent's condition. Dr. Reines testified that plaintiff had almost no chance of survival after her stomach ruptured, and the evidence supports the finding that more likely than not the nurses' breach of their standard of care caused decedent's injuries and death. See Kilpatrick v. Bryant, 868 S.W.2d 594 (Tenn. 1993).
Both parties agree that recovery in this case is capped at $130,000.00, based upon the Tennessee Governmental Tort Liability Act, which is codified at Tenn. Code Ann. ยง29-20-101 et seq. Plaintiffs introduced evidence of decedent's funeral expenses, her life expectancy, pain and suffering and other elements of damages. The evidence in the record would support a judgment in excess of $130,000.00, but for the cap.
We reverse the judgment of the Trial Court and remand for the entry of a judgment in the amount of $130,000.00 for plaintiffs. The cost of the cause are assessed to defendant hospital.
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