Category Archives: Medical Malpractice
Do Tennessee Medical Malpractice Rules Apply to Massage Therapists?
As we have discussed many times before, there are special procedures applicable to medical malpractice–or health care liability–claims under Tennessee law. Foremost among these special procedures is the requirement for plaintiffs to file an expert affidavit with their lawsuit. The expert must explain how the defendant healthcare provider deviated from the accepted “standard of… Read More »
Can Leaving a Blank Space on a Form Doom My Medical Malpractice Claim?
Medical malpractice cases are among the trickiest type of personal injury claims to pursue in Tennessee, largely because the law requires plaintiffs to comply with substantially more rules before a case may even be heard in court. For example, Tennessee law requires malpractice plaintiffs send a pre-suit notice to any healthcare provider who may… Read More »
Can I File a Medical Malpractice Lawsuit Even If I Don’t Know Exactly What the Doctor Did Wrong?
The key to winning any personal injury case is proving the defendant’s negligence. In many cases the negligent act is obvious and witnessed by the plaintiff. Consider a car that runs through a red light and hits your vehicle. It doesn’t take an expert to figure out what caused the accident. But medical malpractice… Read More »
Tennessee Court of Appeals Reverses Defense Verdict in Medical Malpractice Case
Any patient may fall victim to medical malpractice, but newborn children are especially vulnerable. Birth injuries can permanently affect a child and their parents. They are also among the most complex and difficult of medical malpractice cases to win. Jury Improperly Heard Evidence Regarding Health Insurance, Educational Benefits On August 20, 2018, the Tennessee… Read More »
TN Court Revives Lawsuit Against Jailhouse Doctors Over Patient Death
There are far too many cases in Tennessee where people lose a family member due to improper institutional care, such as nursing home neglect and abuse. This is especially true when it comes to individuals with serious medical issues who are incarcerated in local jails. Police are quick to arrest a drug addict for… Read More »
What Happens When Medical Malpractice Is Not Discovered Until After the Patient Dies?
There are always legal deadlines that must be complied with in personal injury cases. When the clock starts to run on these deadlines, however, varies depending on the facts of a particular case. When it comes to something like medical malpractice, there is a one-year statute of limitations that starts to run on the… Read More »
Dealing With Medical Malpractice Following a Motorcycle Accident
Motorcycle accidents often leave its victims with catastrophic injuries. This is understandable, given that motorcyclists lack the same physical protections as car and truck drivers. This means that a head-on collision can easily leave the motorcycle operator paralyzed–or dead. Appeals Court Rejects Amputee’s Lawsuit Against Hospital Of course, whether a motorcycle accident victim receives… Read More »
Is Giving a Patient Coffee “Health Care” Under Tennessee Medical Malpractice Law?
Personal injury claims involving medical malpractice or nursing home abuse often revolve around what exactly constitutes “health care.” The reason this matters is that “health care liability” lawsuits in Tennessee are subject to different rules than claims for ordinary negligence, such as car accidents or premises liability. Many personal injury claims are summarily dismissed… Read More »
Does a “Sudden Emergency” in the Operating Room Justify Medical Malpractice?
In a personal injury lawsuit, the defendant may try to avoid liability by invoking the “sudden emergency” doctrine. Basically, if there is a “sudden and unexpected emergency” that requires the defendant to react without time to think, he or she is not responsible for the consequences of their actions, even if the result was… Read More »
How Changing Testimony Can Affect a Personal Injury Case
Human memory is unreliable. This can present a major problem in personal injury cases, as witnesses may have difficulty remembering events that occurred months–often years–before the trial. And while having a faulty memory is not a crime, when parties to litigation suddenly “remember” something that contradicts their earlier statements, there are certain rules that… Read More »