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Articles Posted in Medical Malpractice

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Tennessee Fatal Medication Error Lawsuits

Patients rely on physicians, nurses, and pharmacies to appropriately prescribe, administer, and dispense medications. Tennessee medication errors at any point in this process can have deadly consequences to consumers. Many healthcare providers are taught to double-check medications to ensure that they have the right patient, dose, time, route, and medication…

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Tennessee Supreme Court Reviews Damages Award in Medical Negligence Case Involving Foreign Object Left in Patient’s Body

Sometimes, the legal definition and the usual definition of a word are different. Take for instance the word “damages.” In common parlance, “damages” means physical harm to a person or thing, thus impairing its value and/or usual function. If a car sustains “damages” in a collision, we think of this…

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Tennessee Court of Appeals Sides with Parents with Regard to State’s Motion for Summary Judgment in Healthcare Liability Case

The requirements involved in filing an east Tennessee medical malpractice lawsuit can be very complex. It is, thus, extremely important for a would-be plaintiff in such a case to retain an attorney experienced in these matters as soon as possible after realizing that a medical error may have occurred. There…

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Appellate Court Reverses Dismissal of Healthcare Liability Claim Against Tennessee Hospital – Lower Court Had Found the Claim Untimely

In a typical Knoxville medical malpractice case, there is a long list of things that must be done before the case is even filed at the courthouse. It can take weeks or months to complete the necessary tasks in many cases. Accordingly, it is vitally important to talk to a…

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Appeals Court Refuses to Order Sanctions to Physician Against Whom Malpractice Was Asserted by Pharmacy in Tennessee Woman’s Negligence Case

Tennessee follows a principle of negligence known as “comparative fault.” Initially established by case law back in the 1990s, this doctrine holds that, in a Tennessee personal injury case in which a plaintiff seeks money damages for injuries allegedly caused by another’s negligence, the finder of fact is to make…

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Tennessee Trial Court Should Have Given Due Consideration to Litigants’ Motion for Expansion of Time for Service of Process in Personal Injury Lawsuit

Timeliness is critically important in personal injury and wrongful death lawsuits. There are deadlines for filing a claim, deadlines for effectuating service of process, and so on. Failure to file the appropriate paperwork in a timely fashion can mean the end of the plaintiff’s case – and his or her…

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Appellate Court Says That a Tennessee Trial Court Was Correct in Ordering New Trial After Doctor Tried to Shift Blame for Alleged Negligence

Doctors and nurses spend many years learning the professions. This does not mean, however, that they never make mistakes. They do, much more often that the general public would like to believe. When someone is hurt or passes away because of a healthcare practitioner’s mistake, the individual or the family…

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Tennessee Appeals Court Rules that Dismissal for Failure to Perfect Timely Service of Process in Death Case Was in Error

Most everyone has heard the term “file a lawsuit,” but those outside the legal profession may not fully understand what that process entails. For starters, the plaintiff must prepare a formal, written complaint setting forth the basic factual allegations, legal claims, and relief sought. In addition to the filing of…

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Tennessee Supreme Court Says Common Knowledge Exception Applied in Health Care Liability Suit Against Salon for Masseur’s Alleged Sexual Assault

Pursuing a Knoxville personal injury case involves many steps. In addition to an investigation of the accident or other event giving rise to the potential litigation, certain paperwork must be filed with the court clerk in order to lodge the case with the appropriate trial court. In most cases, this…

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Tennessee Appeals Court Rules in Plaintiff’s Favor on Pre-Trial Motion in Case Involving Allegedly Dangerous Drug

Knoxville medical malpractice cases and product liability lawsuits are typically quite different – different theories of liability, different possible defendants, and different possible damages. It is rare that these two types of cases get “mixed up” or combined into a single lawsuit. However, there are a few exceptions to this…