Posted On: May 8, 2009 by David W. Terry

Tennessee Nursing Home Penalizes Resident For Failing to Provide Thirty Days' Notice Prior to Death

Lucille Harrell, 81, paid Windlands Center a deposit of $1,295.00 to live at the facility. Once there, she quickly deteriorated and lay close to death for two weeks before finally passing away on March 20, 2009. At the time of her death, the facility deducted more than $900 for her failure to give the required 30 days notice before leaving Windlands Center.

Understandably, for her family, providing the facility with thirty days' notice of her impending death was not at the forefront of their minds. In fact, Randy Harrell, Lucille's son, said, "There is no notice when there's a death. This came on so suddenly who knows to give notice like that?" He said he was concerned about his mother, not a contract.

Apparently, John McCrory, manager of Windlands Center, feels that the family should be concentrating on the contract that they signed and not the health of their mother. Mr. McCrory stated that he "realizes the family is dealing with pain, but the contract does state 30 days notice must be given, even though the word "death" isn't mentioned. In business terms, leaving is leaving. If they see they are having lots of problems, I even recommend them giving 30-day notice at that time. That way, it'll cut off some of the costs."

To watch a news interview with Randy Harrell discussing this incident, click here.