Tennessee Medical Malpractice Legal Questions

If I understand what you are claiming is that your child was too big to be delivered by natural child birth (which it was) and as a result of this your wife is still "suffering from labor" pain. From a legal prespective, you would have to get some expert medical testimony to back up your claim before you would have a case. I would suggest a pain managment doctor as a starting point.... Read More

Because of the costs involved, most lawyers will not file a medical malpractice lawsuit unless the patient suffers a permanent impairment.  While the dentist should have consulted you before he pulled them, since your son would have lost his front teeth eventually anyway, I do not see any permanent injuries.  ... Read More

No you do not have a case. When your mother died in October, 2006, the next of kin, even a minor,  had one year to bring an action to recover for the wrongful death. The fact that you were a minor is irrelevant in a wrongful death action because the wrongful death statute in Tennessee merely preserves the cause of action that belonged to the decedent and does not create a new cause of action for beneficiaries, such as the children. See Jones v. Black, 539 S.W.2d 123 (Tenn. 1976).... Read More

You may have a medical malpractice claim if the doctor who found the broken off IUD is willing to testify that it has been inside of you since March, 2009, that it has caused the problems that you described through the years and is the reason why you are having to have a hysterectomy.... Read More

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.... Read More

The only cause of action that you would have is if the 2nd doctor is willing to tesfify that because the 1st doctor missed the diagnosis, your condition worsen and you would not have had to undergo the knee replacement if it had been diagnosed correctly and treated  in the beginning.... Read More

This is complicated because it depends on what was the cause of death for your baby. However, you might have a lawsuit for the death of your baby if, and only if, you have a doctor who is willing to testify that the death of your baby was caused by the loss of amniotic fluid and could have been prevented.... Read More

Vanderbilt is not a public hospital but a private facility. There is no law that regulates a proper or improper way to discharge a patient from a hospital as that is left up to each hospital to chose its own method. If you have a complaint about the method that you were discharged, then you should go back to Vanderbilt and let you voice be heard.... Read More

You need to contact the drs office to find out what service that it provided and who authorized. If you feel that you do not owed the debt, then send a letter (by certified mail, return receipt requested)  to the collection agency stating that you do not owe the debt and directing that it not contact you. Read up on the Fair Debt Collectiion Practice Act 15 USC 1692 on google and it will explain what you should do.  There is a section titled "ceasing communication" which states that  " if a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt" and "if such notice from the consumer is made by mail, notification shall be complete upon receipt.". Thereafter, any contact by the debt collector is violation to which you will be entitled to $1,000... Read More

The doctor is supposed to follow  what you consent to do. If he fails to follow what you want done, then this is medical battery.  If he offered you an engineered bone and a natural bone and you chose a natural bone, then he should have used an natural bone, if it is was available.... Read More