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Tennessee Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Q: Can I sue a large hospital for dropping the ball about 4 times before I got help for a severe case of sepsis

I think it first started with the placement of my pacemaker in January of 2022. I told the nurse I had a serious sinus infection and should we not wait? I was ignored.

Then on February 28, 2022 I finally succumbed to a severe case of sepsis and ended up in the hospital where I almost died.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

2 Answers | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: I had a heart attack the doctor tried going in through my wrist now it's numb does it qualify malpractice?
Joel Gary Selik
Joel Gary Selik
answered on Mar 7, 2024

It might be.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability...
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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can a pain clinic turn you away for an appointment if you have covid and not renew your pain medication prescriptions?

The clinic wouldn't let my dad in the building because he had covid, when asked if they could come out to the vehicle to see him they said no. He was out of meds is the reason he went and had a scheduled appointment that day. The clinic told him to come back in four days and they would see... View More

Anthony M. Avery
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answered on Mar 6, 2024

Yes... Patient may need to go to another MD.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can I sue because my husband was treated for something that caused his cancer to go undiagnosed that mimic cancer?

Treated for rheumatoid arthritis with no markers for it, which lowered his ability to fight off or catch his cancer in time to treat it. She even said that they have the same symptoms but she never tested for cancer.

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

Yes, possibly. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced malpractice attorneys in the state where this occurred.

2 Answers | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: Can I sue my doctor and insurance company? I am a 71 year old woman when I turned 65 my OBGYN.that I didn't need to get

more pap smears, because all my paps have been normal. I started have retention problems with bladder. Went to ER to have a cather put in. They were not able to insert the Cather. Did a CT scan found a mass on my cervix. I have a 6 centimeter mass on my cervix. I have cervix cancer. There is no... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2024

I'm sorry for your ordeal. In terms of your question about what you can do, one option is to reach out to Tennessee law firms to discuss in further detail. That could answer your first question. A law firm that felt you had the basis for a case could retrieve your patient records and review... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Medical Malpractice for Tennessee on
Q: I have an insane civil rights violation. Failure to provide medical assistance to someone dieing and so much more.

Can I sue them for medical negligence due to the fact they admit and sign that he is not doing good. He had double pneumonia in both lunches and asperated. They lied to me for 3v whole days and said he was fine. They discharged him to the ER unconscious. Although he isn't allowed a furlough bc... View More

James L. Arrasmith
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answered on Dec 30, 2023

I'm sorry to hear about the situation you're facing. It sounds like you have grounds to consider a lawsuit for medical negligence, especially if there is an admission of the person not doing well and evidence of inadequate medical care leading to serious health consequences.

In...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Medical Malpractice for Tennessee on
Q: I have an insane civil rights violation. Failure to provide medical assistance to someone dieing and so much more.

Can I sue them for medical negligence due to the fact they admit and sign that he is not doing good. He had double pneumonia in both lunches and asperated. They lied to me for 3v whole days and said he was fine. They discharged him to the ER unconscious. Although he isn't allowed a furlough bc... View More

James L. Arrasmith
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answered on Dec 30, 2023

I'm sorry to hear about the situation you're facing. It sounds like you have grounds to consider a lawsuit for medical negligence, especially if there is an admission of the person not doing well and evidence of inadequate medical care leading to serious health consequences.

In...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Can I sue a plasma donation center for a severe bruise due to them putting needle in wrong
Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2023

While such a case is possible, there are two hurdles that may be difficult to overcome.

First, you must prove they did something wrong. Bruised can happen without (and with) malpractice.

Second, your harm must be sufficient to warrant a lawsuit and what you describe may not be.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can I sue my gynecologist for pain and suffering. I have been to the gynecologist four times.

My first appt was for a cervical biopsy, it came back insufficient.

Went back second time same thing

Went back third time, finally a good test. But they are running the wrong test.

Came back again upset, they finally ran a pap

Go to surgery today and can’t have... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2023

Medical malpractice requires a breach in the standard of care and damages from the breach.

A doctor would have to provide if there was a breach. You do have damages, but you would need attorney consultations to determine if the damages warrant bringing a case.

1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for Tennessee on
Q: Do I have to pay to have botched fillers dissolved? Should I sue?

I got 2 syringes of lip fillers September of last year which cost me 1,800 USD. A few weeks after recovery, I noticed a large pooling of filler to which my esthetician assured me was normal and to rub the nodule, and give it time. Over time, however, it grew worse. Recently, I have had the nodule... View More

Anthony M. Avery
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answered on Aug 7, 2023

If this is a TN case, then you are about to run out of time under the SOL. Health Torts require a Good Faith Claim Affidavit PRIOR to suit. Unless you find a malpractice lawyer immediately that can find someone to assert negligence, you have already lost. The potential damage award may not... View More

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can The hospitals debt collector send an email with what’s owed to someone that doesn’t have access to my medical info.

I’m working with the hospital on setting up a payment plan since I gave birth. However it seems their debt collector I’m assuming has emailed a member of my family about how much is owed on my bill with account information noted. This relative is not listed anywhere in my medical records to be... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 2, 2023

This would be improper actions by a company hired to collect the debt.

2 Answers | Asked in Medical Malpractice for Tennessee on
Q: Can it be malpractice if sent back to work with disc protrusions in my back without restrictions.

I have been seeing a doctor for a work related back injury and he has sent me back to work with no restrictions 2 times now with both resulting in failure and his recommendation was to just change line of work after the second time it failed he did another more imaging and actually found the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 29, 2023

Yes. If sending you back was below the standard of care, and you have harm from that, you may have a case.

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case.

Consult with experienced attorneys in the state where...
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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: I went to ent for vertigo and they said it was loose crystals in inner ear. They fixed it after 3 months but didn't tell

They forgot to tell me that the nerve going from inner ear to brainstem was almost totally damaged. I asked why I didn't feel better and they said to give it time. After 2 yrs with dizziness and sickness I go back (would have went back sooner but no insurance) and the oncologist tells me they... View More

Joel Gary Selik
Joel Gary Selik
answered on May 3, 2023

It is a potential case. Consult with experienced attorneys. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Q: Would I have a case for malpractice?

My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced attorneys. Use Justia search to find an attorney....
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2 Answers | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: How to file and find a malpractice lawyer for free in Tennessee

In June of 2022 I had hernia surgery and a week later had to have emergency surgery because the first surgeon cut off the blood vessel going to my right testicle, I've tried to deal with it but it's made me so depressed and not very manly that I've tried to find a way to fix it but I... View More

Kevin S Brummett
Kevin S Brummett
answered on Feb 20, 2023

The Tennessee Healthcare Liability Act is not the easiest to follow. While not a complete answer, you must show some deviation from a standard of care and then an act that is not a known risk. Please feel free to reach out to us at Howe.Law if we can be of any help.

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1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: How hard is it to prove medical malpractice?

Stitch left in too long

Osteomyelitis

Spent almost 9 months in bed recovering

Had to have limb saving surgery

Have no guarantee it won’t come back at any time

Anthony M. Avery
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answered on Feb 9, 2023

Extremely hard. If you wish to pursue it, then gather all your medical records and bills, then contact a malpractice attorney. Just filing suit within 1 year of injury does not suffice, but requires many notices and an affidavit from a Doctor. Contact malpractice attorneys here on Justia to... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Tennessee on
Q: Does a nurse practitioner,making decisions and giving MMI papers to a patient constitute negligence?

Had ACL,MCL,LCL,and level 4 break tibiial plateau surgery in February. Had knee infection surgery again in March, and again around the end of June. On July 27th,nurse practitioner gave me this paper saying I'd reached medical maximum improvement. I've been told only doctors can make that... View More

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2021

A Tennessee attorney could advise best here, but your post remains open for two weeks. Additionally, your chosen categories cover different casualty areas, where state statutes might not necessarily overlap between personal injury and workers' comp regulations. Until you are able to discuss... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Do I have to assert all my claims against a medical facility at time of Pre-suit Notice?

Do I have to assert all my claims against a medical facility at the time of pre-suit notice or can the complete list of claims, and damages, wait until the time of filing suit?

What exactly MUST be included in the Pre-suit Notice?.... beyond what is spelled out in the statues? I mean,... View More

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2021

A Texas or Tennessee attorney could advise best (the post straddles both jurisdictions), but your question remains open for five weeks. One reason the question was difficult to answer might be that med mal cases tend to be complex, commonly involving multiple parties, multiple legal theories, and... View More

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Regarding pre-suit notice for medical malpractice, the HIPPA authorization is between respondents only correct?

Do I need to include a blanket release of information for all medical records or is it only pertaining it to practitioners involved in the case and receiving notice?

Anthony M. Avery
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answered on Oct 22, 2021

The medical records release is for every medical provider you know about, and should include any other medical provider the defense wants to contact. Do not put restrictions on the Release of any type and give multiple addresses if needed for each

known provider. The defense will argue...
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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Medical probs prohibit how to transfer to reg probation?

I have a spine reconstruction surgery amongst other problems what can I do to get it transferred to reg probation?

Anthony M. Avery
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answered on Aug 2, 2021

You have not stated what your Sentence is. But your lawyer can move the Court to modify your Probation, listing those grounds. Crossing State lines would be a problem.

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