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Articles Posted in Tennessee Law

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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Court of Appeals Holds that Tennessee Claims Commission Had Jurisdiction Over Case Arising from Negligent Supervision and Retention of State Employee
Mark Hartsoe

Knoxville personal injury cases in which a government entity is named as a defendant proceed differently from claims against businesses or individuals. Recovering fair compensation in such cases can be more difficult than in other personal injury cases, since different rules apply. Generally, cases in which the State of Tennessee is a defendant must be…

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Court of Appeals of Tennessee Reverses Summary Judgment to UM Carrier on Statute of Limitations Grounds
Mark Hartsoe

If you or a loved one has been hurt in a Knoxville car accident, three of the most important words to you right now should be “statute of limitations.” Failing to file your claim by this important deadline can seriously jeopardize your chances of recovering fair compensation. For this reason, it is critically important to…

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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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Tennessee Appeals Court Reverses Summary Judgment in Health Care Liability Case, Holding that Statute of Repose Was Extended by Child’s Pre-Suit Notice
Mark Hartsoe

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 filed within the applicable…

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Tennessee Court of Appeals Reverses Summary Judgment on Parents’ Negligent Infliction of Emotional Distress Claim Following Child’s Death from Alleged Medical Malpractice
Mark Hartsoe

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 condition…

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Tennessee Court of Appeals Holds that Case Alleging EMT Struck Patient in the Face Did Not Require a Certificate of Good Faith Before Filing
Mark Hartsoe

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 a recent case,…

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Tennessee Court of Appeals Vacates Summary Judgment to Defendants Who Allegedly Prevented Effective Service of Process on Medical Malpractice Defendant
Mark Hartsoe

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 unauthorized to…

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Tennessee Court of Appeals Affirms Bad Faith Penalty Against Insurance Company, Modifies $127,500 Award Upward by $4,000 to Reflect Policy Limits on Loss of Residence
Mark Hartsoe

Sometimes, it’s hard to understand why insurance companies do the things they do; other times, it’s just plain impossible. For example, why would an insurance company refuse to pay more than $2,000 to a family who lost their home and all of their possessions when they were insured for over $100,000? The trial court in…

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