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Articles Posted in Medical Malpractice

Tennessee Law Allows Additurs in Medical Malpractice Cases, But They Are Subject to Review on Appeal
Mark Hartsoe

There’s an expression to the effect that sometimes one can “win the battle, but lose the war.” This can happen in the legal field, including in an east Tennessee medical malpractice case. A recent appellate case from Coffee County is illustrative. A widow won her medical malpractice case against a negligent hospital in the trial…

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Tennessee Court Reverses Dismissal of Health Care Liability Action as to Two Defendants
Mark Hartsoe

In an east Tennessee medical malpractice lawsuit, the plaintiff must do more than simply file a claim in the manner that is generally required in a negligence case. Instead, he or she must also provide certain pre-suit notice to the defendant(s) and supply the defendant(s) with a medical authorization form so that he or she…

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Tennessee Court of Appeals Sends Medical Malpractice Case Back to Trial Court with Instructions Concerning Number of Peremptory Challenges
Mark Hartsoe

If you have never actually seen a lawsuit being tried in court (or been called for jury duty), you may not be familiar with the jury selection process in an east Tennessee medical malpractice, wrongful death, or personal injury case. Sometimes, potential jurors are excluded “for cause” – that is, because they know one of…

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Trial Court Improperly Dismissed Health Care Liability Action for Lack of Pre-Suit Notice, According to Tennessee Court of Appeals
Mark Hartsoe

All personal injury and wrongful death cases have a filing deadline called the “statute of limitations.” Failing to file a claim within this time frame usually means that the plaintiff will be unable to pursue compensation, regardless of the merits of his or her case. Some types of cases, including Knoxville medical malpractice cases, may…

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Tennessee Health Care Liability Act Requirements Held Not to Apply to Alleged Assault by Security Officer in Treatment Facility
Mark Hartsoe

Under Tennessee law, a would-be Knoxville medical malpractice claimant must provide pre-suit notice and file a certificate of good faith along with his or her complaint. These requirements apply to any claims alleging health care liability. However, it is not always clear whether a given claim is a “health care liability” claim. Facts of the…

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Tennessee Court of Appeals Says County’s Third-Party Claim Against Medical Services Company Following Attack on Inmate Was Not a “Health Care Liability Claim”
Mark Hartsoe

When someone is killed or suffers catastrophic injuries as a result of the negligence of a government official – including prison guards, police officers, and sheriffs’ deputies – that injured person (or the deceased person’s family) may be able to seek monetary compensation. An experienced Tennessee personal injury attorney can help you determine whether liability…

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Tennessee Court of Appeals Reverses Judgment for Defendant in Medical Malpractice Case, Saying “Sudden Emergency” Instruction Should Not Have Been Given
Mark Hartsoe

Medical mistakes can cause injuries or death both to the old and to the young, but some of the most heartbreaking east Tennessee medical malpractice cases involve situations in which a doctor’s mistake causes a child to either die in utero or shortly after birth. Obstetricians fight hard against a finding of liability in such…

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Tennessee Supreme Court Holds That Husband’s Wrongful Death Claim in Medical Malpractice Complaint Saved Statute of Limitations
Mark Hartsoe

An act of medical malpractice in Knoxville, Maryville, or another region of east Tennessee can cause devastating injuries and even a wrongful death. Unfortunately, Tennessee has one of the shortest statutes of limitations in the nation, giving grieving families just one year in which to assert a claim or else have their right to recover…

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Tennessee Court of Appeals Finds Reversible Error in Birth Injury Malpractice Case Due to Hospital’s Failure to Disclose New and Different Testimony by Nurses
Mark Hartsoe

When a child’s life is catastrophically altered by a birth injury or brain injury just as his or her life is beginning, there is untold heartbreak for the family. While money can never “fix” what went wrong, a fair settlement or judgment in a Tennessee medical malpractice case can help offset the considerable expenditures that…

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Tennessee Supreme Court Rules in Plaintiff’s Favor as to Procedural Requirement in Medical Malpractice Case
Mark Hartsoe

Over the past few years, it has become increasingly difficult to hold negligent medical providers legally liable for the harm that they cause. Among the reasons for this are the various procedural hurdles that have been put in place for those who file malpractice claims. Failing to comply with these procedural requirements can result in…

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