Long v. Hillcrest Healthcare – West holds slip and fall claim is medical malpractice
A plaintiff’s claim has been dismissed for failure to plead the claim as a medical malpractice claim, or so says the Tennessee Court of Appeals in Long v. Hillcrest Healthcare – West (April 16, 2010). Opal Hughes sustained injuries while in the care of defendant Hillcrest Healthcare – West, and her administrator brought this action for damages. Defendant moved to dismiss on the grounds that plaintiff’s complaint was a complaint for malpractice against defendant. Plaintiff argued that the complaint was for simple negligence, and the Trial Court held the complaint was for medical malpractice and since statutory requirements for filing a medical malpractice complaint had not been met, dismissed the case. On appeal, the verdict was affirmed.
The Tennessee Court of appeals held:
This Court has also made this distinction by looking at “whether the decision, act, or omission complained of required the assessment of a patient’s medical condition and whether the decision, act, or omission required a decision based upon medical science, specialized training or skill.” Conley v. Life Care Ctrs. of America, Inc., 236 S.W.3d 713, 729 (Tenn. Ct. App. 2007). “Acts or omission complained of in a medical malpractice action should involve matters of the medical arts and/or sciences that require specialized skills not ordinarily possessed by a lay person.” Id.
The case has not yet been appealed to the Supreme Court, although it may.
Attorneys Tim Edwards and Ed Wallis practice medical malpractice law in Memphis, Tennessee and throughout the Mid South area, including Eastern Arkansas, Northern Mississippi and West Tennessee. Mr. Edwards and Mr. Wallis are prepared to discuss the facts of your case and try and determine if there is a way to help you.
Medical malpractice is a complex area of the law, and you should immediately contact an attorney willing to provide detailed and thorough review of your case for you. Do not be fooled by the gimics of a quick check from a television ad; for a medical malpractice case or a LASIK malpractice case, you need a serious attorney who will work seriously on your behalf.
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