In Tennessee the vast, vast majority of physicians have medical malpractice insurance. The medical malpractice insurance company not only hires a lawyer to defend the doctor in the event a medical malpractice (now called health care liability) lawsuit is filed in court but also pays money toward any settlement or…
A Tennessee medical malpractice lawyer must prove the following things to prove a medical malpractice (now called a health care liability) case in Tennessee: 1. The standard of care for the health care provider. For example, if the claim is that a family doctor failed to timely diagnose an infection,…
Tennessee law requires that certificate of good faith be filed with the Court at the time a medical malpractice (now called a health care liability) lawsuit is filed. The certificate of good faith form is found on the website of the Tennessee Administrative Office of the Courts. The form…
Tennessee law requires that formal notice of medical malpractice (now called health care liability) claims must be given before a lawsuit can be filed. Notice must be given before the one-year statute of limitations (the typical deadline for filing suit in medical malpractice cases) expires. The notice must include certain…
An increasing number of surgeries are conducted with the assistance of robots – and the medical malpractice claims arising from such surgeries is beginning to increase. Doctors who perform robotic surgery sit and video-game style consoles and watch a high-definition monitor hooked to a 3-D camera that shows the work…
I have represented patients in medical malpractice (now called health care liability) cases in Tennessee or over 31 years. I have represented patients against a wide variety of health care providers, from pathologists to neurosurgeons, hospitals to nursing homes, dialysis centers to public health clinics. I have had relatively few…
In 2010 the Tennessee General Assembly adopted the phrase "health care liability action" to encompass virtually all types of claims against health care professionals. This claims include all claims formerly known as "medical malpractice" or ‘medical negligence" cases. The Legislature took this action because it was unhappy with a decision…
The failure to take appropriate steps to prevent a pulmonary embolism or the failure to diagnose a pulmonary embolism may constitute medical malpractice. People with the following conditions are at risk for pulmonary embolus: Patients who have undergone a surgery lasting more than 2 hours. Patients who have experienced prolonged…
Most people are shocked to learn that people can catch on fire in an operating room. However, several hundred operating room fires occur every year. True, the odds of being involved in an operating room fire are quite small (there are 28 million surgeries per year) but the consequences of…
Physician assistants (PAs) are increasing in number in Tennessee. Physician assistants are licensed by the state and are supposed to assist a physician in the practice of medicine. The State of Tennessee has issued rules concerning the work done by physician assistants. A physician assistant must have formal training in…