Friday, November 12, 2010

Court Reviews Whether a Case was Medical Malpractice or Common Law Negligence

KATRINA MARTINS, ET AL. v. WILLIAMSON MEDICAL CENTER (Tenn. Ct. App. November 12, 2010)

Katrina B. Martins and her husband filed suit against Williamson Medical Center for injuries sustained when Ms. Martins fell in her hospital room. The trial court held that the complaint stated a claim based on medical malpractice and dismissed the lawsuit for failure to comply with the Tennessee Medical Malpractice Act. Plaintiffs appeal, asserting that the complaint sounded in common law negligence. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/martinsk_111210.pdf

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