HIPAA-compliant authorization forms continue to cause trouble for medical malpractice (now called “health care liability action” or ‘HCLA”) plaintiffs in Tennessee, with a recent plaintiff having his case dismissed due to his failure to fill in the portion of the form that lists who was authorized to make disclosures thereunder.…
Plaintiffs preparing a Tennessee health care liablity (formerly called “medical malpractice”) must pay special attention to their standard of care expert witness, especially if they plan to argue that a specific procedure was required to meet the standard of care. In Hopps v. Stinnes, No. W2016-01982-COA-R3-CV (Tenn. Ct. App. August…
While a case for personal injuries resulting from a car accident must be filed within one year, a claim against an insurance company for uninsured motorist coverage arising from the same incident is not subject to that one-year statute of limitations. In Bates v. Greene, No. W2016-01868-COA-R3-CV (Tenn. Ct. App.…
In Cook v. State of Tennessee, No. W2016-01914-COA-R3-CV (Tenn. Ct. App. July 27, 2017), the Court affirmed summary judgment in a case where a plaintiff inmate alleged the state was liable for the injuries he suffered after being stabbed by another inmate. Plaintiff and his cellmate were both inmates at…
In Grizzle v. Parkwest Medical Center, No. E2016-01068-COA-R3-CV (Tenn. Ct. App. July 25, 2017), the Tennessee Court of Appeals reversed dismissal of a health care liability (medical malpractice) case based on plaintiff’s failure to provide a HIPAA compliant medical authorization. Plaintiff had hip replacement surgery at defendant hospital, and when…
In Elliott v. City of Manchester, No. M2015-01798-COA-R3-CV (Tenn. Ct. App. July 24, 2017), the Court of Appeals analyzed an inmate’s ability to recover from a governmental entity when injured while on work detail. Plaintiff was an inmate at Coffee County jail. While out performing a work assignment, plaintiff “fell…
Want a primer on the law of compensatory damages in Tennessee? Then look at Hyde v. South Central Tennessee Development District, No. M2015-02466-COA-R3-CV (Tenn. Ct. App. July 14, 2017), defendant admitted liability for a car accident but challenged the damages awarded to plaintiff by the trial court. On June 14, 2013,…
In Jones v. BAC Home Loans Servicing, LP, No. W2016-00717-COA-R3-CV (Tenn. Ct. App. July 12, 2017), the Court of Appeals affirmed dismissal of a negligent misrepresentation claim. Plaintiffs were the borrowers on a valid and enforceable mortgage, which was held by defendant. Plaintiffs were in default and had received a…
In Jones v. Behrman, No. W2016-00643-COA-R3-CV (Tenn. Ct. App. June 27, 2017), the Court of Appeals affirmed dismissal of an HCLA claim for failure to file within the applicable statute of limitations Decedent suffered from several health problems, and in February 2011 she had a capsule endoscopy. Two days later,…
In Stinson v. Mensel, No. M2016-00624-COA-R3-CV (Tenn. Ct. App. July 12, 2017), a neighborly dispute about chickens turned into a suit and counter-suit for nuisance, intentional infliction of emotional distress, invasion of privacy and injunctive relief. Plaintiffs owned land on which several neighbors had an easement for access to their…