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...]
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Can a child file a lawsuit?
October 8, 2013 by Roland
Minors in Tennessee can be a party to a cause of action for a variety of torts. However, “Minors cannot act for themselves in contracting with counsel and otherwise making provisions to institute [a lawsuit]. They must depend on someone to act for them.” Busby v. Massey, 686 S.W.2d 60, 62 (Tenn. 1984). Because minors cannot sue in their own names but must sue by another, id., an infant may sue by next friend if the infant “does not have a duly appointed representative, or if justice requires.” … [Read more...]