Tennessee Medical Malpractice Questions & Answers

Q: why does the hospital think they don't treat or practice medicine when I complaind about the care she had?

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Oct 17, 2018
Timur Akpinar's answer
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.

Tim Akpinar

Q: I am going to count 9& 10 of July one FTA and other DUI 3rd suffer from ptsd emotional abuse and physical abuse

1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Medical Malpractice for Tennessee on
Answered on Jul 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
I don't think your case sounds very promissing. I would suggest that you contact local counsel and explain your issues to him/her.

Q: Need help with lawyer for daughter in sevier county Tn.for dcf and malpractice suit on hospitals.

1 Answer | Asked in Health Care Law, Libel & Slander, Family Law and Medical Malpractice for Tennessee on
Answered on Dec 21, 2017
Marjorie A Bristol's answer
The are experienced attorney who can help your daughter. You can find them by searching here or other sites. She needs a lawyer as soon as possible. Best of luck!

Q: Need a lawyer out of Tn my daughter babies were taken after taking her new born son to hospital for bruise on his leg

1 Answer | Asked in Family Law, Civil Rights and Medical Malpractice for Tennessee on
Answered on Dec 21, 2017
Marjorie A Bristol's answer
Your daughter should contact an experience attorney who is familiar with child abuse cases. She needs help in the current case before she thinks about suing. The earlier in an investigation that she hires an attorney, the better off she will be. Best of luck!

Q: My daughter was diagnosed with RP at 8 and lost her vision. But continued on like a Boss.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Answered on Dec 7, 2017
Peter N. Munsing's answer
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.

Q: How does someone know the difference between side effects and medical malpractice?

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Sep 5, 2017
Peter N. Munsing's answer
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 said it sounds like it would be covered under the waiver you signed for the surgery which doubtless listed impaired digestion, reflux, etc.

Q: What is the rule for registering locations with the DEA for mobile practices for controlled substances?

1 Answer | Asked in Medical Malpractice and Criminal Law for Tennessee on
Answered on Sep 1, 2017
Peter N. Munsing's answer
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 severe penalties.

Q: I broke my left hip in Sept of 2007. It was surgically repaired by being "pinned" back in place. But the DR

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Sep 1, 2017
Peter N. Munsing's answer
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.

Q: My mother passed away & my step father has opened a malpractice lawsuit & probate(no will) is involved am I entitled

1 Answer | Asked in Medical Malpractice and Probate for Tennessee on
Answered on Aug 2, 2017
Ben F Meek III's answer
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 siblings, if any) would probably split half and your step-father would get the other half of her property, including causes of action (law suits). You need to consult an experienced probate lawyer in your mom's...

Q: We requested an autopsy and they did not perform one what should we do

1 Answer | Asked in Medical Malpractice, Health Care Law and Probate for Tennessee on
Answered on Jun 30, 2017
Peter N. Munsing's answer
You can hire someone to perform the autopsy. However if the body has been buried permission is required.

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

2 Answers | Asked in Medical Malpractice and Personal Injury for Tennessee on
Answered on Jun 20, 2017
Mr. James Charles Wright's answer
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 death. If your other parent is still living this parent would have a right to file. Also, there is a statute relating to whose benefit a recovery would go. And your brother would likely be entitled to part...

Q: if I had hernia mesh surgery and am now having pain and swelling what should I do

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Jun 9, 2017
Peter N. Munsing's answer
Get the test. Check my answer to your other question. Members of the Tennessee Assn for Justice give free consults.

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

1 Answer | Asked in Medical Malpractice and Products Liability for Tennessee on
Answered on Jun 9, 2017
Peter N. Munsing's answer
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 manufacturer. Contact a member of the Tennessee Assn for Justice who handles medical products cases.

Q: In case of fraudulent medical coding would this law apply. If the licensed coder was employed by a hospital?

1 Answer | Asked in Medical Malpractice and Health Care Law for Tennessee on
Answered on Jun 9, 2017
Peter N. Munsing's answer
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.

Q: It was less than a year old

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Mar 18, 2017
Peter N. Munsing's answer
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.

Q: Is it negligence or malpractice when a health provider refuses to give you medical care

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Civil Rights for Tennessee on
Answered on Sep 28, 2016
Peter N. Munsing's answer
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 larger organization--a hopital network for instance--the records will be electronically kept & they have to give you a copy. If you say you don't want paper, you want it on a disc, they can only charge...

Q: What are my next step after a lawsuit is to proceed and transferred to another court

1 Answer | Asked in Civil Rights and Medical Malpractice for Tennessee on
Answered on Sep 19, 2016
Peter N. Munsing's answer
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 "cooperating attorneys." They also give free consultations. Understand that the law doesn't remedy all wrongs. Only certain ones. If you've been told "no case" by several attorneys, consider that if they don't...

Q: What is my next step after I file a lawsuit

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for Tennessee on
Answered on Sep 19, 2016
Peter N. Munsing's answer
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 spending a huge amount of money and time and not get anywhere. Consult before you file!

Q: Can a doctor be sued for leaving needles in the sink and not thrown into a bio hazard can?

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Sep 9, 2016
Peter N. Munsing's answer
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 risk." I suggest you contact a Tennessee attorney who handles injury cases and gves free consultations.

Q: can a radiologist doctor deny a specialist's order for tests?

2 Answers | Asked in Medical Malpractice for Tennessee on
Answered on Sep 2, 2016
Peter N. Munsing's answer
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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