QUESTION
Are there circumstances where we could still file a medical malpractice suit?
Asked on May 30th, 2016 on Medical Malpractice - Tennessee
More details to this question:
My mother ended up losing her leg. The Dr that operated on her was impaired and about to take her back into surgery. He was stopped by my brother and she was transferred. The staff was notified and he was given a drug test and was positive for alcohol. (He then went into inpatient rehab.) We could find out no information and just discovered that he tested positive for alcohol and is now on probation. As a result of his actions, my mother's leg had to be removed above the knee. This happened in Sept 2014. Considering that we just found out that he was inebriated, can a suit be filed?
1 ANSWER
You have to establish a casual relationship between the doctor being drunk and the damage that you mother suffered. I am assuming based on what you said that the doctor did not do the surgery. The issue is not necessarily was he drunk at the time of the surgery but whether the amputation of the leg was necessary or not. If the amputation of the leg was necessary and planned in advance, then his being drunk at the time of the surgery would not have an impact on that decision. If however, he made the decision to amputate while he was drunk and the amputation was not necessary, then that would be the basis for a medical malpractice claim. The statute of limiations in Tennessee is one (1) years from the date that you discover or in the exercise of reasonable care should have discovered the medical negligence. There are exceptions to this rule that might or might apply in this case.
Answered on May 31st, 2016 at 8:28 AM