Close

Articles Posted in Medical Negligence

Updated:

Fraudulent Concealment Exception to Medical Malpractice Statute of Limitations and Statute of Repose in Tennessee

 In Robinson v. Baptist Memorial Hospital, No. W2013-01198-COA-R3-CV (July 11, 2014), the court addressed the fraudulent concealment exception to the statute of limitations and statute of repose for medical negligence actions in Tennessee.  In this case, the defendant doctor erased the initial version of his consult note and changed his…

Updated:

Health Care Liability Expert Need Not Know Community Statistics from Date of Alleged Injury to Testify in Tennessee Medical Malpractice Case

As far as I can remember, Evans v. Williams, No. W2013-02051-COA-R3-CV (Tenn. Ct. App. June 30, 2014),is the first and only case dealing with whether a health care liability expert must be familiar with demographic information about the defendant’s community from the time the alleged malpractice occurred. To be sure, the…

Updated:

Case Dismissed Because Plaintiff Sent Notice by FedEx Instead of U.S. Postal Service

 In Arden v. Kozawa, M.D, No. E2013-01598-COA-R3-CV (Tenn. Ct. App. June 18, 2014), Plaintiff in a health care liability action appealed after his lawsuit brought on behalf of his deceased wife was dismissed at trial for failing to strictly comply with Tennessee’s pre-suit notice requirements. Plaintiff’s wife was allegedly negligently…

Updated:

Amended Medical Malpractice Complaint Not Subject to Certificate of Good Faith Requirement when Initial Action was Filed Before October 1, 2008

Tenn. Code Ann. Sec. 29-26-122 requires medical malpractice complaints to be supported by a certificate of good faith. This statute became effective October 1, 2008, yet because health care cases can linger for years in pre-trial stages, many cases filed before that date are still active. The Tennessee Court of…

Updated:

No Special Requirements for Pre-Suit Notice on the State of Tennessee In Medical Malpractices Cases

In Tennessee, before a party may file a lawsuit against a healthcare provider for medical malpractice, the party must give 60 days’ pre-suit notice pursuant to Tenn. Code Ann. § 29-26-121(a).  In Brown v. Samples, No. E2013-00799-COA-R9-CV (Tenn. Ct. App. Apr. 29, 2014), the State of Tennessee was granted permission…

Updated:

Delaware Court Reminds Tennessee Lawyers That Causation Must be Established in Cancer Malpractice Cases

Our office is fortunate to be sought out in a large number of Tennessee medical malpractice cases involving cancer.   Most of the cases involve a delay in the diagnosis of cancer, that is, that the patient presented with certain symptoms or physical findings that should have triggered a diagnosis…

Updated:

Tennessee Certificate of Good Faith Statute – Extension of Time To File Amended Certificate Granted

The Tennessee Court of Appeals has affirmed a trial court’s decision to grant an extension to file certificate of good faith in a medical malpractice case,  finding “good cause” based on parties’ confusion on Tennessee case law.  In Stovall v. UHS of Lakeside, LLC , No. W2013-01504-COA-R9-CV (Tenn. Ct. App.…

Updated:

New Notice Not Required for Second Filing of Medical Malpractice Case in Tennessee

In Tennessee, before a plaintiff may file a lawsuit for medical malpractice, he or she must give pre-suit notice to the defendants in compliance with a Tennessee statute, Tenn. Code Ann. § 29-26-121(a).  In Potter v. Perrigan, the Court of Appeals recently addressed whether a plaintiff who properly gives notice…

Updated:

Tennessee Court of Appeals Reverses Finding of No Liability of Jailer for Failure to Provide Proper Medical Care to Inmate

The recent case of  Payne v. Tipton County gave the Tennessee Court of Appeals the opportunity to review the finding of the trial court of no liability on the part of the defendant, Tipton County, for failure to provide appropriate and timely medical care to an inmate.  The inmate suffered a severe hypertensive…

Updated:

Tennessee’s Three-Year Health Care Liability Statute of Repose Bars Claim

 This case involves the Tennessee Medical Malpractice Act and the application of the three-year statute of repose.  On December 19, 1999, Jessie Bentley suffered severe injuries during labor and delivery by the defendant medical providers.  Suit was not filed until February 1, 2013 and the defendants all immediately moved for…

Contact Us