Sixth Circuit Decision Overturns Dismissal of Medical Negligence and Battery Claim

By Thomas Greer | March 7, 2014

When a patient has a severe allergy to a drug, long or even short term exposure cause them severe harm, disability, and even death. There are many ways that medical care providers are made aware of their patients’ drug allergies. Allergy information is relayed through medical records, medical alert bracelets, and conversation with the patients themselves.

In one tragic case which occurred in Memphis, a woman died after hospital staff injected her with a medication that she was allergic to, despite the fact that they were aware of her allergy. Pauline Shuler gave hospital staff multiple reminders that she was allergic to heparin, a drug which is used to treat and prevent blood clots in the veins, arteries, and lungs. The allergy was noted in Pauline’s medical records. She wore a medical alert bracelet which contained information about her allergy. She even specifically told hospital staff not to give her any heparin, as she was allergic to it. For some reason, medical staff injected Pauline with heparin multiple times. After she died, the injections were found to be the proximate cause of her death.

After Pauline’s death, her family filed a negligence and medical battery lawsuit on her behalf against her treating physician, Baptist Memorial Hospital – Memphis, and others. The District Court ruled that the plaintiffs’ claim was solely a medical malpractice action. The ruling was based upon the premise that heparin injections were not a “treatment”, and without a treatment, there could be no case for medical battery under Tennessee law. The District Court dismissed the Shulers’ action, stating that they failed to comply with the heightened notice and pleading requirements which are required of medical malpractice plaintiffs under the Tennessee Medical Malpractice Act (TMMA). The case would not have been dismissed if the District Court considered the Shulers’ action to be a case of medical battery, because medical battery actions are not subject to the notice and pleading requirements of the TMMA.

In its decision, the Sixth Circuit Court of Appeals overturned the District Court’s dismissal of the Shuler family’s medical battery claim. In Tennessee, “performance of an unauthorized procedure constitutes a medical battery. Blanchard v. Kellum 975 S.W.2d 522, 524 (Tenn. 1998) The Sixth Circuit Court of Appeals stated in its ruling that heparin injections are a procedure, and that the plaintiffs had in fact properly pled their claim for medical battery. The Shuler family may now proceed with their action, in the hopes of recovering for the loss that they have experienced.

Medical malpractice and medical battery, though related, have different pleading and notice requirements under Tennessee law. If you or someone that you love has been harmed by a mistake or an intentional wrongdoing of someone in the health care industry, it is important that you consult with an attorney who is experienced in handling medical malpractice claims. The skilled Tennessee medical malpractice attorneys at Bailey & Greer, PLLC will look at the facts of your case and determine which cause or causes of action apply to your situation. If you decide to file a lawsuit, your lawyer will ensure that filing, notice, and other requirements of the law are met so that your case will stand up to any challenges that it may encounter. We believe that health care professionals must be held responsible for their negligent or wrongful actions, and that the victims of negligence or wrongdoing are entitled to caring and compassionate counsel. To learn more, call us at 901-680-9777 to schedule a time to discuss your case.  At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

Posted in Blog

Leave a Comment

You must be logged in to post a comment.