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Tennessee Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Q: My daughter was diagnosed with RP at 8 and lost her vision. But continued on like a Boss.

At 15 shestarted acting strange and after several tests they did a genetic test and said the blindness was caused from Battens Disease and that she would die before 19. She made it to be 17. Why did the specialists at Vanderbilt not check to see why she went blind cause if i had Known this then i... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 7, 2017

Generally they wouldn't do the tests because the treatment would likely be the same. However to give yourself closure --and as I may be wrong--contact members of the Tennessee Assn for Justice--they give free consultations. A grief counselor may help you process your natural but very heavy feelings.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: How does someone know the difference between side effects and medical malpractice?

I had gastric sleeve in 2014, lost the weight and have kept most of it off. However, now I have food based anemia as I have a difficult time digesting proteins (meats). I get sick when I don't eat, I get sick when I do eat, I throw up in my sleep due to acid reflux, I'm exhausted (due to... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

malpractice is doing an act that is careless. A bad result or side effects isn't necessarily bad practice unless it was caused by the bad practice. Best idea is to consult a member of the Tenn. Assn for Justice who handles medical claims. They give free consultations. But from what you have... View More

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: I broke my left hip in Sept of 2007. It was surgically repaired by being "pinned" back in place. But the DR

Pinned it back in the wrong position and now my left leg is SHORTER THAN MY RIGHT LEG. Can I pursue a "legal case" against the DR ??? ??? ???

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

Unlikely given the passage of time, and you'd have to show the leg length happened because of that and not the passage of 10 years. Contact a member of the Tenn Assn for Justice--they give free consults.

1 Answer | Asked in Medical Malpractice and Criminal Law for Tennessee on
Q: What is the rule for registering locations with the DEA for mobile practices for controlled substances?

Will the new H. R. 1492: Medical Controlled Substances Transportation Act of 2017 pass?

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

Your best bet is to contact lobbying organizations and professional organizations concerned with that, and look at the existing regulations. You need to know not what a lawyer thinks but what the agencies that enforce it think--you don't want a long legal battle that costs youi money and risks... View More

1 Answer | Asked in Medical Malpractice and Probate for Tennessee on
Q: My mother passed away & my step father has opened a malpractice lawsuit & probate(no will) is involved am I entitled

To anything from the lawsuit (or money that gets put into the estate from the lawsuit) he is the administrator of the lawsuit and estate they were married less than 9 years ! How do I ensure I am a beneficiary over a portion of what goes into the estate from the lawsuit how do I go about Making... View More

Ben F Meek III
Ben F Meek III
answered on Aug 2, 2017

What you are entitled to inherit from your mother depends on whether she had a valid will. If she did, the will would determine how her property would be divided. If she did not have a will, her state's laws of succession would control distribution. If she died intestate, you (and your... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: I am filing malpractice lawsuit that resulted in death of a parent it is being filed on my behalf do I have to give to

Other sibling that said he wanted nothing to do with it in state of tennessee

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 20, 2017

Medical negligence cases are very difficult to file without a lawyer. There are a lot of procedural requirements. That is a caution to you. Consult, call a lawyer that does medical negligence cases.

To your question- there is astatute dealing with who can bring an action for wrongful...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Probate for Tennessee on
Q: We requested an autopsy and they did not perform one what should we do
Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

You can hire someone to perform the autopsy. However if the body has been buried permission is required.

1 Answer | Asked in Medical Malpractice and Health Care Law for Tennessee on
Q: In case of fraudulent medical coding would this law apply. If the licensed coder was employed by a hospital?

Would the hospital be liable instead of the individual coder?

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Depends on the nature of the error or alleged fraud. You didn't say what the law was, but why not contact a member of the Tennessee Assn for Justice? They give free consults.

1 Answer | Asked in Medical Malpractice and Products Liability for Tennessee on
Q: I had hernia mesh surgery and am having lots of pain swelling the same symptoms as before do what info do I need to file

what information do I need to find out if I have a lawsuit I have gone back to the same dr and he wrote off my concerns do I need second opp it has only been 6 months since my surgery how long do I have to file a suit

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

A lawyer can't give medical opinions. You need to follow up with the surgeon and/or your internists. You may have a case if the mesh is the problem. First find out what your problem is. Generally statute of limitations is one year if surgery in Tennessee. As to the case against the... View More

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: if I had hernia mesh surgery and am now having pain and swelling what should I do

I went back to dr and told him the problems I was having which was the same before I had surgery and all he did was take chest xray and said it was good I toldthe nurse that doesn't show hernia and she wants me to come have another test I am still paying on the first surgery what should I do

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Get the test. Check my answer to your other question. Members of the Tennessee Assn for Justice give free consults.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: It was less than a year old
Peter N. Munsing
Peter N. Munsing
answered on Mar 18, 2017

Not sure what the question was. Assuming the question is malpractice,contact a member of the Tenn. Trial Lawyers Assn --they give free consults and can get you started.

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Civil Rights for Tennessee on
Q: Is it negligence or malpractice when a health provider refuses to give you medical care

I went to see a healthcare provider for back and knee pain. He gave me Motrin and sent me on my way without asking questions or taking any tests. A couple weeks later I went back fro extreme pain and swelling in my legs and feet to the point my feet were turning blue. Provider said it was a... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

It isn't required that they treat you. . Did you ask them for pain medication? Doctors these days are twitchy about people who ask for pain medication. k

However, the ACA and medical records act require they provide you with your records. If they have an attitude, if they are part of a...
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1 Answer | Asked in Civil Rights and Medical Malpractice for Tennessee on
Q: What are my next step after a lawsuit is to proceed and transferred to another court
Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2016

As I mentioned in another post, you want to get a consult with a member of the Tennessee Trial Lawyers--they give free consults.. Medical cases are very very complicated. The post notes "civil rights." If this is involved contact the Tennessee Civil Liberties Union and ask for names of... View More

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for Tennessee on
Q: What is my next step after I file a lawsuit
Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2016

First step would be get a consultation with a member of the Tennesee Assn for Justice. They give free consultations. You note "medical malpractice." If this is that type of case, you do not want to do it yourself--they are extremely expensive, very very complicated, and you can end up... View More

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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can a doctor be sued for leaving needles in the sink and not thrown into a bio hazard can?

My wife and I own a small cleaning business and we cleaned for an allergy doctor. There were several times we would come in to clean, and there would be needles left in the sink and not thrown into a bio hazard can. Also on occasion we would find needles on the floor and never picked up by staff. A... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 9, 2016

You may have a case but you don't have any significant damages--other than a concern for what might be on the needle. A bigger problem is that if you were aware of the hazard and continued to clean nonetheless, you may be considered--under your state's law--to have "assumed the... View More

2 Answers | Asked in Medical Malpractice for Tennessee on
Q: can a radiologist doctor deny a specialist's order for tests?

In 2013, my dad was admitted to the VA hospital for pneumonia. While there the pulmonary doctor saw something suspicious in the CT scan of his chest that involved the right lung lower lobe. The pulmonary doctor wanted a PET can or biopsy or both completed. He consulted with the radiology doctors.... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 2, 2016

Question is did the lung doctor say "go outside the va" I certainly would look at pursuing a claim against the VA for this.

Suggest you contact a member of the Pennsylvania Assn for Justice --we give free consultations.

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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Is it legal for a nurse to withhold a prescription for narcotics from a patient after the doctor just wrote it?

This is the 3rd time the nurse which is the office manager of the doctors office has refused to give me a prescription for narcotics pain medicine after my doctor had done wrote it and recorded it in my chart! I also looked to see if it had been marked out off my chart and it hasn't. It still... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 19, 2016

Take it up with the doctor.Presumably she is acting at his direction. Getting into an argument with her won't get you anywhere.

1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Q: Went to ER specifically to see neurologist he refused to come to ER to see me. Due care ????
Peter N. Munsing
Peter N. Munsing
answered on Aug 11, 2016

Need more information but neurologists see who they want, and even if the office told you to go there it's not anything you can bring a legal case about. Consult with a local attorney offering free consultations but that's my assay of your issue.

Do not discuss your concerns...
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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Hospitalized patient with A. Fib was not given anticoagulant and suffers debilitating stroke in hospital.

The patient's oral anticoagulant (Pradaxa) was held for pacemaker removal surgery. Two and a half days later, the patient continued to be in permanent A. Fib, he still had not been given any anticoagulant, and he had a stroke. The Pradaxa warning says, "Increased risk of thrombotic event,... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

could be but not necessarily. Contact a member of the Tenn. Assn for Justice who handles medical cases.--they give free consultations.Malpractice cses are expensive, and will be brought only if it is clear that the standard of care a) was to have used different medication and b) if it had been used... View More

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Is this a law suit?

I have back problems hurts when i stand and when i try to sleep. I had a messed up epidural 5 years ago with my son. Something went wrong had to get csection they kept asking if i could feel them touching me. The next day the woman said she put the medicine in the wrong hole??? I have notice the... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Possibly but until you get a diagnosis no one can say if it is caused by the epidural error. Looks to me like it's too late but check with a member of the Tennessee Assn for Justice--they give free consultations.

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