Medical negligence can leave victims with permanent injuries and, in some cases, even result in a wrongful death. In a recent case, both a mother and her newborn child were seriously injured due to the alleged negligence of a doctor and others during the child’s birth. Unfortunately, their claims were not…
Septic shock is a very dangerous, potentially life-threatening medical condition that can occur when the body attempts to fight a bacterial, fungal, or viral infection. Possible complications from septic shock include heart failure, kidney failure, stroke, liver failure, or respiratory failure. Although septic shock can be fatal, a patient’s prognosis is better if the…
In Tennessee, there are certain procedural hurdles that must be addressed in filing a cause of action under the Tennessee Health Care Liability Act. Failing to comply with these requirements can result in the dismissal of an otherwise valid claim against an allegedly negligent health care provider. Facts of the Case In…
Filing a lawsuit for medical malpractice or another act of negligence can be fraught with potential procedural pitfalls: missing a statute of limitations, naming the wrong party as a defendant, or – as happened in a recent case – an allegation that the person who accepted service of process on the defendant was…
Under Tennessee law, the plaintiff in a negligence lawsuit must prove four elements: duty, breach of duty, causation, and damages. If the negligence action sounds in medical malpractice, the plaintiff is required to provide expert testimony as to the standard of care (duty) element. Purportedly, this is to aid the…
In Igou v. Vanderbilt University, a man filed a medical care liability action against a Tennessee hospital over the injury he allegedly sustained as a result of a surgical procedure that was performed at the facility. According to the man, he was rendered impotent as a result of his surgeon’s…
Last week a Tennessee Court of Appeals issued a ruling limiting expert testimony in an informed consent case. A failure to obtain informed consent is a type of medical malpractice case where a medical professional breached his or her duty of care by failing to get consent from a patient…