As a patient in Tennessee receiving medical care, you are entitled to be properly informed and/or warned about scope and/or risks of treatment. This is referred to as "informed consent" within the legal and medical community. The matter of Shadrick v. Coker, 963 S.W.2d 726 involved an issue of whether a physician properly informed the patient of the scope of a surgical procedure and if patient provided informed consent. The issue for the Tennessee Supreme Court was whether the plaintiffs, … [Read more...]
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...]