Medical Malpractice: Direct Claim Against Hospital Upheld on Appeal

The Tennessee Supreme Court issued its opinion today in Barkes v. River Park Hosp., Inc., No. M2006-01214-SC-R11-CV (October 20, 2010). Here's the summary from the opinion's synopsis, to wit:

In this medical negligence case, we review a jury verdict against a hospital based on the hospital’s failure to enforce its policies and procedures in patient care. Tennessee law has long recognized that a hospital has a duty to its patients to exercise that degree of care, skill, and diligence used by hospitals generally in its community. After reviewing the record, we hold that material evidence supports the jury’s determination that the hospital was 100% at fault for the patient’s death. We therefore reverse the Court of Appeals and reinstate the verdict of the jury.

Here'a a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/104/BarkesDebra.opn.pdf