Tennessee medical malpractice laws Archives - Page 2 of 2

Tennessee Appellate Court Reinstates Medical Malpractice Case

March 1, 2018

The Court of Appeals of Tennessee at Jackson (“Tennessee Appellate Court”) held in its opinion filed on February 9, 2018 in a Tennessee medical malpractice case in which the plaintiff appealed the dismissal of her claim on the basis of the expiration of the statute of limitations and the[...]

Tennessee Appellate Court Decides Claim Involving Injury To 86-Year-Old In ICU Caused By Hot Coffee Was A Health Care Liability Claim

October 31, 2017

The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on September 28, 2017 that the trial court did not err in dismissing the plaintiff’s lawsuit alleging that an 86-year-old patient who was recovering from surgery in the intensive [...]

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 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 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 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 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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Tag: Tennessee medical malpractice laws