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Thursday, January 20, 2011

New Medical Battery Case

The Court of Appeals recently issued its opinion in Urlaub v. Select Specialty Hosp.-Memphis, No. W2010-00732-COA-R3-CV (Tenn. Ct. App. Jan. 20, 2011). It offers a good discussion on medical battery claims and how they relate to claims for vicarious liability based upon a principal-agent relationship.

Here's a link to the opinion, to wit:

1 comment:

Anonymous said...

I am the plaintiff in this case and happened to notice this blog referencing the recent appeals court decision. Unfortunately, readers of the opinion don't get the benefit of reading the appellant or appellee briefs upon which the decision is based and can therefore not ascertain which case law citations the court chose to invoke or discard. This opinion is disappointing in that the court chose to ignore two key TN opinions highlighted in my brief, specifically, Boren v Weeks and Holt v Alexander, both of which have direct applicability to my arguments. Furthermore, the court's opinion on page 8 of this decision beginning with "We reject....." directly conflicts with Holt v Alexander and thus qualifies this opinion as potentially appealable to the State Supreme Court. I elected, however, not to pursue filing a petition and will leave the conflicting case law that arises out of this opinion to another plaintiff for another day.