Plaintiff’s HCLA claim that defendant medical facility failed to advise a transportation service of his mobility issues required expert medical proof. In Dickerson v. United Medical Transportation LLC, No. W2023-01084-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2024), plaintiff had been a patient at defendant medical facility. Upon plaintiff’s discharge, defendant arranged…
Where there was a question of fact regarding when the plaintiff should have discovered her injury in a health care liability case, as the pain she experienced was a potential side effect of her dental procedures, summary judgment for the defendant dentist was reversed. In Price v. The Center for…
Thinking about not filing a certificate of good faith in a health care liability action in Tennessee? Read this opinion to learn the potential issues when one raises the “common knowledge” exception to the general rule requiring experts in such cases and the “extraordinary cause” required to avoid dismissal if…
Plaintiffs must show substantial compliance, not strict compliance, with HCLA requirement that HIPAA authorization be included with their pre-suit notice. In a memorandum opinion in Moxley v. AMISUB SFH, Inc., No. W2023-00220-COA-R3-CV (Tenn. Ct. App. April 24, 2024), the Court of Appeals vacated dismissal of an HCLA claim because the…
MagMutual, a professional liability insurer for physicians and surgeons, does an excellent job trying to educate doctors about how to avoid mistakes that cause injury or death and subsequent medical malpractice lawsuits. The company recently released a case study on wrong site surgery. “Wrong site surgery” occurs when a doctor…
MagMutual, a leading healthcare liability insurer of physicians and surgeons, reports that “[m]edication errors account for 8% of medical malpractice claims among family practitioners insured by MagMutual. It is estimated that about 50% of medication errors are due to ordering issues, including wrong medication, wrong dose or wrong route.” The…
Where plaintiff’s HCLA complaint cited alleged negligent acts that occurred at different times over a period of a few months, the trial court’s dismissal of the complaint as time-barred was affirmed in part and reversed in part. Dismissal of the claims related to the care plaintiff received less than one…
Where an HCLA plaintiff sent pre-suit notice to a hospital and two doctors, the hospital had all the relevant documents, the doctors were independent contractors of the hospital who could only access the records for treatment purposes, and plaintiff’s HIPAA form was noncompliant and only allowed records to be released…
Where there was a question of fact regarding when plaintiff was put on notice of his potential HCLA claim, and plaintiff provided an expert affidavit in support of his claims, summary judgment based on the statute of limitations and a lack of proof on causation and damages was reversed. In…
Every time there is a airplane crash, we hear about the efforts to locate “the black box.” The “black box” is a flight data recorder – a device that constantly gathers information from dozens of sources about the operation of the airplane. There is also a cockpit voice recorder, which…