Medical Malpractice Suit Revived By Tennessee Supreme Court

By Thomas Greer | May 1, 2014

If you suffered an injury as a result of the negligence of a medical professional, you would probably want to seek recovery for your injury through a medical malpractice lawsuit. If you filed such a lawsuit, it would be devastating if the suit were dismissed by the court, as that would prevent you from being compensated for your injuries. A recent decision by the Tennessee Supreme Court is giving a medical malpractice plaintiff another chance to pursue his medical malpractice claim against Mid-Cumberland Infections Disease Consultants.

The original medical malpractice suit which was filed by Richard Thurmond was “reluctantly” dismissed by the Montgomery County Circuit Court. The basis for the dismissal was that while Thurmond did provide the defendant with the notice which is required by law, he did not also file an affidavit which indicated that he had provided such notice. In other words, the plaintiff did make an error, but the error was a technical one which caused the defendant no harm. Nevertheless, the Court of Appeals upheld the Circuit Court’s decision, even though it felt that the decision was “harsh”.

Fortunately, Richard Thurmond did not accept defeat. He brought his medical malpractice case to the Tennessee Supreme Court, which has issued a decision that will allow Thurmond’s case to be heard by the lower court. The case is based on injuries that Thurmond sustained as a result of receiving improper care for recurring urinary tract infections. In its ruling, the Supreme Court states that Thurmond substantially complied with the requirements of Tennessee’s recently updated medical malpractice statute because he provided the notice which the statute requires. The court agreed with Thurmond’s assertion that his failure to file an affidavit that he had provided the defendant with notice until a few months after the suit was filed amounted to no more than a technical error, one which did not prejudice the defendant in any way.

If you are thinking of bringing a lawsuit against a medical professional whose malpractice has harmed you, it is important that you do so with the aid of an experienced Tennessee Medical Malpractice Attorney. Tennessee’s medical malpractice statutes are fairly complex, and there are numerous requirements which litigants must comply with, especially during the early stages of a case. For example, a plaintiff must provide the defendant with notice of their intent to file a lawsuit sixty or more days before they file the actual complaint against the defendant. Potential litigants may provide the required notice by certified mail, as Richard Thurmond did before filing his suit against Mid-Cumberland Infections Disease Consultants. In addition to giving the defendant notice, the litigant must file an affidavit with the court, stating that notice of the intent to sue had been given to the defendant. There are other requirements within the medical malpractice statute, and your attorney will help you to understand them and fulfill them in a timely manner.

If you or someone that you love has been harmed by medical malpractice, the experienced Tennessee medical malpractice attorneys at Bailey & Greer, PLLC are here to help. 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.

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