A claim that a patient who burned himself should not have been left alone with a hot cup of coffee was determined to fall under the Tennessee HCLA.
In Youngblood ex rel. Estate of Vaughn v. River Park Hospital, LLC, No. M2016-02311-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2017), an 86-year-old patient had hip surgery at defendant hospital. Either the same day or the day after surgery, a nurse brought the patient a cup of coffee and sat it on his bedside table in his ICU room. The patient then spilled the coffee on himself and was burned.
The patient later died of apparently unrelated causes, and his estate filed this action. Plaintiff’s claim was essentially that the patient “was an 86 year old man; who was in ICU following a major surgery; was on pain medication; had visible tremors in his hand; and had an O2 monitor on his index finder. [Patient] should not have been left alone to manage an extremely hot beverage.” Plaintiff did not give pre-suit notice or file a certificate of good faith with her complaint, as she asserted that this claim was not subject to the HCLA. The trial court dismissed the action, finding that it did fall under the HCLA, and the Court of Appeals affirmed.