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Wednesday, April 13, 2011

New Opinion: Medical Negligence vs. Ordinary Negligence

The Tennessee Court of Appeals recently issued its opinion in Mathes v. DRD Knoxville Medical Clinic, No. E2010-01809-COA-R3-CV (Tenn. Ct. App. Apr. 13, 2011). Here's a summary of the opinion from its synopsis, to wit:
This is an appeal from the trial court’s grant of separate motions to dismiss for failure to state a claim upon which relief can be granted. The trial court determined that Appellants had failed to comply with the written notice and certificate of good faith requirements of the Tennessee Medical Malpractice Act, and had failed to state a claim for vicarious liability based on theories of agency or joint venture. We affirm in part, reverse in part, and remand, concluding that Appellants’ claims of direct negligence do not sound in medical malpractice, but that Appellants failed to state a claim upon which relief can be granted with respect to vicarious liability based on agency or joint venture.

(Emphasis added.)

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/112/Alicia%20Mathes%20et%20al%20v%20DRD%20Knoxville%20Medical%20Clinic%20et%20al.pdf


1 comment:

Duffy said...

I was searching for the medical negligence and found this blog, really very informative post. thanks for sharing this.