A state court has found that the plaintiff’s claim that a home health caregiver and agency may be liable for the caregiver’s negligence in supervising a patient but it did not amount to a medical negligence case.
Tammy Upchurch was an employee of Right at Home; she was assigned to provide at-home caregiving services to Ida Stratz. During Upchurch’s shift, she fell asleep. While Upchurch was sleeping, Stratz wandered outside her residence. Several hours later, she was found lying face-down in the snow, unconscious.
Stratz was taken to a nearby hospital where she died. Stratz’s estate sued Upchurch and Right at Home, alleging liability for Stratz’s death.