Legal Question in Medical Malpractice in Tennessee

My sister has recently lost her husband Kenneth Brewster to lung cancer. He was taken to the Hardin County Medical Center five months early, where he was misdiagnosed with acute pancreatitus, and released a month later, told that he was fine.

This was in August of 08. On January 11th he returned and was told that he was suffering a "heart attack in progress, " and rushed to the nearest hospital (ECM in Florence, AL. The doctors there said that it was not a heart attack, but there was a fluid around the heart that contained cells from a cancer in a gland.

By the time he found out that he had lung cancer, it was in the fourth stage and there was very little they could do. He began a suite and passed away, this five months treatment he missed could have been crutial to his longivity.

However, due to the fact that TN law requires expert testimonty, from a doctor in the same field in TN or bordering states, and they all belong to the same mal practice insurance company, which is owned by the doctors themselves, it is extremly difficult to get a doctor to testify, because it would cost him financially. The attorneys who had said there was a good case have drawn out of the suit. Ken Brewster leaves a widow and a five year old child. Can you make any suggestions?


Asked on 2/11/10, 6:27 pm

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Not only is the medical expert normally required to practice in Tennessee or in a bordering state, you will probably find that the expert must also be familiar with the standard of care in your sister's community or a similar community. These cases are difficult, and sometimes the most difficult part is locating a competent expert. There are filing deadlines in every case and in medical malpractice cases there are notice requirements as well. It appears from your post that your sister has already filed so perhaps that is no longer an issue but there is no way for me to know at this point. My suggestion is to contact another attorney who practices in the area of Tennessee Medical Malpractice Law who can review your file and advise you on how to proceed. Unfortunately there is not enough information to give you any legal advice on this reply, so please do not treat this comment as such. However, if you would like to speak further about this, please do not hesitate to contact our office at 901.527.9600.

Best of luck to your family.

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Answered on 2/17/10, 8:51 am


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