The medical malpractice laws are in different in every state. They are set forth by the acts of the legislature and define the responsibility of the doctors and the hospitals in treating patients. As long as a person is a patient in the doctor/patient relationship, the doctor owes a certain responsibility to the patient. A failure to carry out this responsibly is called negligence.
For example, one statute in Tennessee’s Medical Malpractice Law states:
“A physician who discovers or should discover that the patient’s ailment is beyond the physician’s knowledge or technical skill or capacity to treat with likelihood of success, has a duty to disclose that situation to the patient or advise the patient of the need for other or different treatment.”
The Tennessee Medical Malpractice Law also states:
“There is also a duty of a physician to convey information to members of the patient’s family. In a physician/patient relationship, the physician has an affirmative duty to warn identifiable third persons in the patient’s immediate family of foreseeable risk flowing from a patient’s illness.”
A hospital in the State of Tennessee under the malpractice law of the State of Tennessee must furnish the care, attention, and protection reasonably required by the patient’s known mental and physical condition. The amount of caution, attention, and protection required is that generally used by hospitals in the same or similar community and required by the express or implied contract with the patients.
A hospital is responsible for injuries caused by hospitals employees’ negligent performance of duties while acting within the scope of employment. Hospitals are responsible for the negligent acts of their employees, including interns, even though they have been selected with due care.
A physician who is in control of the treatment of the patient, may at the same time be the agent of the hospital.
As stated earlier, the medical malpractice laws and the duty and responsibilities of physicians and hospitals are different in every state. Where the incident(s) occurred is how you determine which state’s medical malpractice laws apply.
If you’ve been treated at a hospital or clinic and feel the doctors, nurses or employees were not acting in spirit with the medical malpractice laws of Tennessee, you may have grounds for a claim. Our Tennessee medical malpractice firm based in Knoxville can assess your case and provide you with options for moving forward. Contact our offices in Knoxville, Memphis and Nashville today to schedule a free consultation.