When an individual has to have serious surgery, he or she will generally be asked to consent to such surgery and will be informed of all of the related risks that may accompany the surgery. A surgeon will typically inform the patient of the possible scenarios that may occur during…
With the passage of several recent laws in Tennessee, plaintiffs seeking to bring claims against doctors and health care facilities must meet stringent requirements for providing notice and information to potential defendants. When these procedural requirements are not met, plaintiffs can be prevented from seeking relief and have their claims dismissed.…
Tennessee Code Section 29-26-121(f) permits defendants in health care liability actions to seek an order from the court allowing them to have ex parte communications with a plaintiff’s health care providers. Under the terms of the statute, if a defendant seeking such an order meets all of the necessary statutory…
Tennessee’s medical malpractice statute provides very specific requirements for individuals seeking to bring medical malpractice claims against Tennessee physicians and hospitals. These measures are enacted, in part, to reduce the filing of frivolous malpractice claims, as well as to ensure that all plaintiffs and defendants have equal access to sensitive…
When considering the elements of a negligence claim, personal injury attorneys often focus on whether a duty can be established, or whether causation can be shown. Many times, the existence of an injury may be presumed, since, without an injury, it is unlikely that the plaintiff would be seeking to…
When dealing with medical malpractice and personal injury claims against state employees, following the correct procedures for litigation can be exceptionally tricky. Under general principles of sovereign immunity, states are generally immune from liability for injuries that their employees may incur. In certain cases, states like Tennessee waive this immunity…
The case of Tracy Lynn Eiswert is a long and complicated one that sheds light on the difficulties that plaintiffs may face in receiving justice under Tennessee’s current medical malpractice laws, and the role of the federal court in shaping the understanding of such laws. Scott Walter Eiswert was a…
Medical malpractice cases can be a confusing. To win you must establish that you have a recoverable claim. The way you know if you have a valid legal claim is by determining if the medical team in question violated the standard of medical care. Establishing A Valid Claim The standard…
In what is becoming a common topic on legal blogs and in the media, the tort reform caps imposed by the Tennessee Civil Justice Act are again the focus of legal and legislative attention, but this time for different reasons. In light of recent legal challenges to the constitutionality of the…
In Tennessee, when a personal injury claim arises in the health care context, it may be subject to the particular requirements and restrictions of the Tennessee Health Care Liability Act (“THCLA”). The THCLA was enacted in order to reduce the number of frivolous and time- consuming medical malpractice claims brought…