Subject Matter: Applicability of Medical Malpratice Act in Nursing Home Setting
The Tennessee Court of Appeals at Nashville recently rendered a new opinion holding that falls suffered in the nursing home setting are governed by the Tennessee Medical Malpractice Act, which requires expert proof.
In Cannon v. McKendree Village, Inc., No. M2008-00456-COA-R3-CV (Tenn. Ct. App., Nov. 25, 2008)(attached below), the Court of Appeals considered the Plaintiff’s appeal of the trial court’s grant of summary judgement. The trial judge determined the Tennessee Medical Malpractice Act ("TMMA") governed the claims, which stemmed from a fall suffered by an unrestrained nursing home resident, and dismissed Plaintiff’s Tennessee Adult Protection Act ("TAPA") claims.
The Court of Appeals, in affirming the trial court’s grant of summary judgment, held: (1) because the determination of whether a resident should be restrained involves "a matter of medical science or art requiring skills not ordinarily possessed by lay persons," the TMMA applies; (2) Plaintiff’s TAPA claims were properly dismissed as TAPA claims are inapplicable in actions governed by the TMMA; and (3) Plaintiff’s res ipsa loquiturclaims were equally without merit.
Plaintiff’s TMMA claims were also dismissed as Plaintiff failed to put forth expert proof. Notably, the Tennessee Adult Protection Act provides for the recovery of attorneys’ fees.
Firm/Company: Chambliss Bahner & Stophel P.C.
Document Date: January 1, 1970
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