In matters of psychotherapy, a patient is in a fragile and vulnerable state where their decisions and acts may lack proper competency and a psychotherapist is in a position of power and/or authority to some extent. The issue for determination in Roe v. Jefferson, 875 S.W.2d 653 was whether the plaintiff Jane Roe's action was barred by the statute of limitations for medical malpractice actions,Tenn.Code Ann. § 29–26–116, under the facts of her case. During the summer of 1984, Roe was advised by … [Read more...]
Can you have sex with your psychotherapist and what is the statute of limitation for malpractice ?
Discovery Rule as Applied to Medical Malpractice in Tennessee
This cause of action involved a patient who brought medical malpractice action against podiatrist who had performed foot surgery, alleging that he had improperly operated on both feet despite only receiving consent to treat right foot, and had negligently performed operation. Here the Court had to determine whether the common law “continuing medical treatment doctrine” remained viable in Tennessee which operates to toll the statute of limitations in medical malpractice cases until the … [Read more...]
Statute of Limitations on Products Liability in Tennessee
In the matter of, Spence v. Miles Laboratories, Inc., 810 F. Supp. 952 (E.D. Tenn. 1992), a hemophiliac, who allegedly contracted acquired immune deficiency syndrome (AIDS) from blood clotting factor concentrate, and his wife sued manufacturer of clotting factor. This Court had previously denied a motion by defendant Miles Laboratories, Inc. (“Miles”) for summary judgment. The case came before the Court on Miles' motion to reconsider. Wynne Spence was born with hemophilia, an inherited … [Read more...]