Torts Quiz

[jeffjoe]

Yep, we're both at NSL.  Same class.

The standard would be set with testimony from a expert in the same area of medicine.

But Tennessee does it a little differently.

Most or all other states hold doctors to a national standard, meaning you can establish the standard with testimony from another doctor who works in the same field of medicine -- anywhere in the country.

Under Tennessee law, the doctor has to practice in the same field and in the same or similar geographic area.  Tennessee uses a local standard instead of a national standard.

In other words, Tennessee has said through its laws that our doctors don't have to be as good as other doctors.  They only have to be as good as each other.

The reasonable person of the profession. Might need to discuss expert witnesses and all that that entails.

Do you and the above poster both attend NSL?

Law543

[jeffjoe]

Next question.
What is medical battery?

[law543]

Under Tennessee law, the doctor has to practice in the same field and in the same or similar geographic area.  Tennessee uses a local standard instead of a national standard.

I would venture a guess that it wouldn't really make a difference...the final result would be the same in a decision...unless Tennessee has MEGA LOW standards for its doctors.

Incidentally, I lived in Nashville for 2 years back in 96-98. I LOVE Nashville. I worked at Bellevue Mall...lived right around the block.

Lived through that huge tornado that blew right over downtown. The Bat Building.

Law543

[jeffjoe]

The bat building.  Isn't that a silly looking thing?


I think it could make a big difference.  Example:  Doctor who practices in Little Town, TN will not be judged by the standard set by NYC or LA doctor.  Some tests may not be done that would be done in BIG TOWN.  Little Town doctor skips the MRI because the nearest MRI is 90 miles away and we don't bother sendin' folk all the way to Nashville for that.  MRI would have shown tumor, but doctors in Little Town don't do MRIs.  NYC and LA docs do it all the time for this situation.  Patient dies.  Negligence?  Not in Tennessee.

Under Tennessee law, the doctor has to practice in the same field and in the same or similar geographic area.  Tennessee uses a local standard instead of a national standard.

I would venture a guess that it wouldn't really make a difference...the final result would be the same in a decision...unless Tennessee has MEGA LOW standards for its doctors.

Incidentally, I lived in Nashville for 2 years back in 96-98. I LOVE Nashville. I worked at Bellevue Mall...lived right around the block.

Lived through that huge tornado that blew right over downtown. The Bat Building.

Law543

[law543]

  Doctor who practices in Little Town, TN will not be judged by the standard set by NYC or LA doctor.  Some tests may not be done that would be done in BIG TOWN.  Little Town doctor skips the MRI because the nearest MRI is 90 miles away and we don't bother sendin' folk all the way to Nashville for that.  MRI would have shown tumor, but doctors in Little Town don't do MRIs.  NYC and LA docs do it all the time for this situation.  Patient dies.  Negligence?  Not in Tennessee.

I would find it to be outrageous if my client died...and could have been saved by a simple MRI, and would have been advised to get an MRI, and would have gotten one in most other States.

In most other States, for example: If doctor sees x in patient...then y...which would normally lead to cancer, prompting most other States to order an MRI...but in Tennessee, an MRI machine isn't close by, so we'll just skip that test...and patient dies.

Negligence? Not in Tennessee...but like I said, Tennesee must have MEGA LOW standards for their doctors and medical treatment.

If I were counsel for the plaintiff...I would appeal as high as it would go if my client's mother or husband died simply because an MRI that would normally be ordered ANYWHERE else in the United States...isn't in Tennessee, and my client's mother would have lived "but for" not having this test.


Law543

[jeffjoe]

But the standard of care is established by other medical professionals in the same field and practicing in the same or similar areas.  I've given an extreme example, but it follows the law.  Our doctors don't have to meet the standard of other states.  The medical lobby is very strong in Tennessee.  Hell, look who are US Senator is, Frist the surgeon.

[law543]

But the standard of care is established by other medical professionals in the same field and practicing in the same or similar areas.  I've given an extreme example, but it follows the law.  Our doctors don't have to meet the standard of other states.  The medical lobby is very strong in Tennessee.  Hell, look who are US Senator is, Frist the surgeon.

Wouldn't you agree that a better standard for the reasonable doctor in the profession would be based on a national standard, since doctors are held to that standard, for the most part? Why don't they base it on the reasonable physician, answerable to the AMA?

Yeah, I think a better example is out there...because in your example, it seems outrageous that the physician wouldn't at least give the patient the information she needs to decide for herself...it seems informed consent would apply for things the doctor *does* do...and doesn't...and actually could be argued that the doctor deciding to skip an MRI is actually *doing* something...and the patient should be informed.

Law543

[Dicta]

Next question.
What is medical battery?

Example: signing a consent form for a C-section and then the doctor does a sterilization....
consenting to a procedure and then the doc does something else while he's operating...

This is fun, keep it up!

[Dicta]

An expert in Podunk Tenn. would probably testify that he would've sent them to Knoxville for the MRI, thus testifying to the breach of duty..........
And yes, the courts here favor physicians, but justice most often prevails.
543, where are you? Are you a student?
Are we talking med mal or specifically lack of informed consent?

But the standard of care is established by other medical professionals in the same field and practicing in the same or similar areas.  I've given an extreme example, but it follows the law.  Our doctors don't have to meet the standard of other states.  The medical lobby is very strong in Tennessee.  Hell, look who are US Senator is, Frist the surgeon.

Wouldn't you agree that a better standard for the reasonable doctor in the profession would be based on a national standard, since doctors are held to that standard, for the most part? Why don't they base it on the reasonable physician, answerable to the AMA?

Yeah, I think a better example is out there...because in your example, it seems outrageous that the physician wouldn't at least give the patient the information she needs to decide for herself...it seems informed consent would apply for things the doctor *does* do...and doesn't...and actually could be argued that the doctor deciding to skip an MRI is actually *doing* something...and the patient should be informed.

Law543

[law543]

543, where are you? Are you a student?

Yes, Thomas Jefferson, San Diego, CA. 1L

Law543