Category Archives: Medical Malpractice
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 »
How HIPAA Can Affect Your Tennessee Medical Malpractice Case
Medical privacy is an important concern for many Tennessee residents. That is why a federal law known as HIPAA–the Health Insurance Portability and Accountability Act–requires all physicians and hospitals in Tennessee to maintain the confidentiality of their patients’ health-related information. Among other things, a health care provider cannot disclose protected information without the patient’s… Read More »
What Kind of Medical Errors Should Never Happen in a Hospital?
Medical malpractice occurs in Tennessee whenever a physician, hospital, or other healthcare provider breaches a “standard of care,” i.e. the generally accepted practices for the profession, and the patient suffers an injury as a result. Sometimes the standard of care is defined in highly technical terms that are not easily understood by laypersons, including… Read More »
Ordinary vs. Medical Negligence in Tennessee Courts
Tennessee law draws a bright line between ordinary negligence and health care negligence, i.e. medical malpractice. Before filing a medical malpractice claim, a victim must comply with certain additional legal requirements. For example, the victim must file a certificate indicating they consulted with one or more experts who believe there is a “good faith… Read More »
How Do You Prove a Tennessee Hospital Committed Malpractice?
If you suffer a serious injury in an accident, your life may depend on receiving immediate medical care. But what happens when the doctors are negligent and only make the situation worse? When does a medical provider’s judgment error cross the line into medical malpractice? Inaccurate Hospital Records Thwart Widow’s Lawsuit In 2008, a… Read More »
Tennessee Court: Alleged Rape Is Not “Medical Malpractice”
The medical industry has done a good job convincing the public that it needs special protections from the legal system. In Tennessee, medical malpractice claims are treated differently than other kinds of personal injury cases. Among other things, malpractice victims must give special “pre-suit” notice to a negligent physician and submit an affidavit from… Read More »
Why Expert Testimony Is Critical in Tennessee Medical Malpractice Cases
Medical malpractice cases are often the most difficult type of personal injury lawsuit to win in Tennessee because plaintiffs are held to strict requirements for presenting expert testimony. Such testimony is necessary to establish causation, that is a link between the defendant’s negligence and the plaintiff’s injuries. Many medical malpractice cases turn on whether… Read More »
How Tennessee Medical Malpractice Laws Can Trap Victims
Medical malpractice law is full of traps that often ensnare unsuspecting victims. Unlike other types of personal injury claims, Tennessee forces plaintiffs accusing a health care provider of negligence to jump through a number of regulatory hoops. As a result, many malpractice victims (and their families) are effectively denied their day in court. Medical… Read More »
Can I Be Blamed for My Doctor’s Malpractice?
Comparative fault is a common defense raised in Tennessee personal injury lawsuits. Basically, the defendant claims the plaintiff’s actions somehow contributed to his or her injury. In a car accident lawsuit, for example, a defendant accused of negligent driving might argue the plaintiff was also negligent and therefore at least partially responsible for the… Read More »
