Tennessee Medical Malpractice Archives - Page 5 of 7

Tennessee Medical Malpractice Lawsuit Alleges Religion Mistake Led To Patient’s Death

November 22, 2015

On October 13, 2015, a Tennessee medical malpractice wrongful death lawsuit was filed by the widow of a man who was not provided necessary medical care because the Tennessee hospital where he was being treated incorrectly noted his religious affiliation as Jehovah’s Witnesses. The man had a [...]

Tennessee Supreme Court Affirms Dismissal Of Social Worker Malpractice Claim

November 18, 2015

In its decision filed on October 8, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) affirmed the dismissal of the plaintiffs’ health care liability lawsuit filed against a social worker because of the plaintiffs’ failure to provide timely pre-suit notice and[...]

Tennessee Supreme Court Applies Common Sense To Medical Malpractice Law

July 26, 2015

On May 29, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) prevented the medical malpractice defendants from benefiting from a potential “gotcha” in Tennessee’s medical malpractice law that requires plaintiffs to file a certificate of good faith in me[...]

Tennessee Supreme Court Overturns Medical Malpractice Informed Consent Defense Verdict

May 29, 2015

In its May 18, 2015 decision, the Supreme Court of Tennessee (“Tennessee Supreme Court”) overturned a defense verdict in a Tennessee medical malpractice case, holding that the trial court had erred by excluding the plaintiff’s expert testimony regarding undisclosed medical risks i[...]

Tennessee Circuit Court Judge Holds Tennessee Cap On Noneconomic Damages Unconstitutional

March 12, 2015

In a written decision filed on March 9, 2015 by a Tennessee Circuit Court judge (trial court judge) involving claims for personal injury damages arising out of a traffic collision, the court held that the Tennessee Civil Justice Act of 2011 (“Tort Reform Act”), which applies to all Tenn[...]

Tennessee Supreme Court Requires Medical Malpractice Plaintiffs To jump Through Procedural Hoop (Again)

February 19, 2015

In its decision filed on January 27, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) held that the medical malpractice plaintiffs were required to provide the medical malpractice defendants with a second pre-suit notice after voluntarily dismissing their original medic[...]

Tennessee Appellate Case Highlights “Gotcha” Of Hyper-Technical Medical Malpractice Reforms

December 10, 2014

In its decision filed on December 9, 2014, the Court of Appeals of Tennessee sided with the medical malpractice plaintiff in a case where the defendants successfully moved to dismiss the plaintiff’s re-filed medical malpractice lawsuit on the basis that the required pre-suit notices prov[...]

Large Concierge Physician Practice Management Company Faces Antitrust Lawsuit

August 6, 2014

MDVIP, a large concierge physician practice management company with over 700 participating physicians throughout the United States, has been sued for alleged antitrust violations by its much smaller rival, SignatureMD, which has 64 physician participants in the United States. Both companies assist [...]

Tennessee Appellate Court Saves Medical Malpractice Case

July 13, 2014

On July 9, 2014, the Court of Appeals of Tennessee issued a written opinion in which it upheld the right of the medical malpractice plaintiff to dismiss without prejudice a defective malpractice case and then re-file the Tennessee medical malpractice case with corrections necessary to comply with th[...]

Tennessee Supreme Court Allows Medical Malpractice Lawsuit Despite Failure To Strictly Comply With Pre-Suit Notice Requirement

April 30, 2014

In its decision issued on April 24, 2014, the Supreme Court of Tennessee (“Tennessee Supreme Court”), which is Tennessee’s highest court, ruled that a medical malpractice plaintiff had substantially complied with Tennessee’s statutory pre-suit notice requirement for Tennessee[...]

Tennessee Appeals Court Finds Substantial Compliance By Medical Malpractice Plaintiff

March 30, 2014

In its written opinion filed on March 28, 2014, the Court of Appeals of Tennessee at Knoxville (“Appeals Court”) decided an appeal in which the issue was “whether the Plaintiff failed to strictly comply with the pre-suit notice requirement that the affidavit of service of the writt[...]

Tennessee Medical Battery Claim Revived

March 18, 2014

On February 14, 2014, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a medical battery claim, holding that a claim alleging medical battery (a claim that an unauthorized procedure was performed) is not subject to the Tennessee Medical Malpractice Act (“TMMA&[...]

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Category: Tennessee Medical Malpractice