County Workhouse Seeks to Avoid Medical Malpractice

From Shelbyville, Tennessee, the Times-Gazette has reported that attorneys representing the county in a wrongful death suit are requesting a federal judge not to pass a motion that would allow a claim of medical malpractice to be added.

Doris Rollins, sister of Larry Dale Byford, 54 at the time of his death, amended her complaint as her brother was denied medical care and died from a heart attack while incarcerated in the county jail.

Named in the suit are Sheriff Randall Boyce, county workhouse Captain Tim Lokey, nurse Donna Delrio, the county, and "John and Jane Doe, employees of Bedford County, Tennessee."

Byford died on October 19, 2009 at the Vanderbilt Medical Center.  The lawsuit was filed last October.

In the suit it is alleged that Delrio "violated the acceptable medical standard of care."  The county is also cited as they are "responsible for the negligent conduct of its employee, Nurse Donna Delrio."

Michael T. Schmitt, the attorney for the county, claims that since Rollins failed to follow the proper pre-litigation procedures - as spelled out in the Tennessee Medical Malpractice Act (TMMA) - as well as filing a "certificate of good faith", that their attempt to add the medical malpractice claim is futile.

Rollins failure, states Schmitt, requires "dismissal of the TMMA claims with prejudice."

In the amended suit Rollins has claimed that Delrio didn't take her brother back to Dr. Howard Rupard for "his scheduled follow-up visit" despite his "obvious deteriorating condition."

In 2009 Captain Lokey said that Byford, serving a 45-day sentence for numerous charges, never had a major medical issue while at the county workhouse.  He had vomited and "been sick but hadn't collapsed (before) or anything like that."

He was rushed to Heritage Medical Center when he suddenly collapsed, and was then taken to Nashville.  By then Boyce said that Lokey was "real sick" and was checked regularly by a nurse and Rupard.  Byford's issues stemmed from cirrhosis of the liver and he also had trouble with his kidneys.

Byford was put on dialysis at Vanderbilt.

On October 4, 2009 Byford complained to jail staff that he had swelling in his legs and feet - and his medication was of no help.  It is also claimed in the suit that Byford had trouble urinating, but the jail denies the claim.

On October 5 Byford saw Rupard and was given more medication.  The county denies that Rupard was to see Byford again 8 days later for a follow-up exam.

Rollins claims that her brother's conditioned worsened and that he was denied multiple requests to see Rupard again between October 14 and 16. 

The suit alleges that Byford's death was due to "I bleed with a secondary diagnose of renal failure and status post cardiac arrest" and that her brother's medical needs "were completely disregarded resulting in physical torture and lingering death."

The county denies this as the cause of death.

Contact a medical malpractice attorney from our directory for monetary compensation if you or a loved one has been harmed while under the care of a physician.