find Tennessee medical malpractice lawyers Archives

Tennessee Appellate Court Affirms Hospital Responsible For Medical Malpractice Verdict Based On Apparent Agency

December 13, 2017

In its opinion filed on November 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that the defendant hospital was responsible for a share of the $750,000 verdict the Tennessee medical malpractice jury returned in favor of the plaintiff, holdi[...]

Tennessee Appellate Court Affirms Substantial Compliance With Medical Malpractice Pre-Suit Notice Requirements Applies To Governmental Entities

August 31, 2017

In its opinion filed on August 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that substantial compliance with the documentation requirement in Tennessee Code Annotated § 29-26-121(b) is sufficient even when the defendant is a government[...]

Tennessee Supreme Court Reverses Dismissal Of Medical Malpractice Complaint Based On No Pre-Suit HIPAA-Compliant Medical Authorization

August 24, 2017

In its opinion filed on July 5, 2017, the Supreme Court of Tennessee at Jackson (“Tennessee Supreme Court”) held that a prospective plaintiff who provides pre-suit notice to one potential defendant is not required under Tennessee Code Annotated section 29-26-121(a)(2)(E) to provide the [...]

Tennessee Appellate Court Determines Claim Against EMT Did Not Require Expert’s Report

May 4, 2017

The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on May 2, 2017, that “it would be within the common knowledge of a layperson whether an EMT’s alleged negligent, reckless, or intentional striking of a patient’s face while th[...]

Tennessee Appellate Court Reverses Dismissal Of Non-Medical Malpractice Claim, Affirms Dismissal Of Medical Malpractice Claim

December 14, 2016

In its opinion filed on November 30, 2016, the Court of Appeals of Tennessee at Nashville (“Appellate Court”) affirmed the trial court’s dismissal of the pro se plaintiff’s medical malpractice (health care liability) claim alleged in her complaint because she failed to comply[...]

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 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[...]

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[...]

Tag: find Tennessee medical malpractice lawyers