Legal Question in Medical Malpractice in Tennessee

Malpractice or assault??

Several years ago I was in an automobile accident. I was taken to the local hospital by ambulance. The EMS workers put me on a back board, the doctor left me on the backboard saying that he first wanted me to have x-rays because he thought my neck was broken. The technichian in x-ray was frustratede that day, she took me off the backboard, made me sit up and with her hands FORCED my neck to turn around so she could get clear xray pictures. MY NECK TURNED OUT TO BE BROKEN IN THREE PLACES!!! Is this malpractice or assault or battery? What can I do about this? What is the statue of limitations in this situation. This happened several years ago. PLEASES HELP ME!!


Asked on 4/05/08, 6:37 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Malpractice or assault??

In general, the claim is probably malpractice (or negligence). The statute of limitations is generally three years. I tend to think that this would not be a battery, but you may have a case there. In NC, the statute of limitations for battery is shorter than the limitation for negligence. You may want to consult with an attorney with more information, especially if your statute of limitations is about to expire.

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Answered on 4/08/08, 1:05 pm


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