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A Tennessee medical malpractice lawsuit filed over the wrongful death of a 15-month-child has sought $5 million in damages. Sawyer Mason Adams died because of infection that aggravated following wrong diagnosis and negligence by doctors at a clinic in Maryville and then at Knoxville-basedEast Tennessee Children’s Hospital, allege parents Kayla and Nick Adams. The deceased had swallowed a penny, which resulted in choking problems, but doctors treated it as a stomach virus and did not prescribe more tests, claim documents submitted by the Tennessee medical malpractice attorney representing the Friendsville couple.
The child was first brought to Maryville Pediatric Group clinic in April 2013 after he appeared to be suffering from choking and swallowing problems. According to the medical malpractice lawsuit filed in Blount County, Tennessee, the practitioner nurse at the clinic suggested it to be “a stomach virus or acid reflux.” Sawyer was discharged after a series of tests. The supervising physicians prescribed medicines based on the nurse’s diagnosis after the family informed the clinic about the continued problem.
Six days later, the child was admitted to the East Tennessee Children’s Hospital emergency care as his condition became worse. The doctor, who had previously treated him at the pediatric clinic, ran several tests on the child and discharged him after five hours despite his diagnosis indicating presence of gastroesophageal reflux disease at least for a week. The medical malpractice lawsuit alleges that the Tennessee hospital staff did not bother to suggest tests to see if the child had a foreign object in his food pipe and the patient was sent home.
The child died hours later at another hospital, and autopsy reports disclosed infection caused by the presence of a one-cent coin in the gullet passage as the possible cause of death. Tennessee medical malpractice lawsuit named the two hospitals, practitioner nurse, and supervisor doctor as defendants, who allegedly did not explore the possibility of “a foreign object which could have easily been detected by an X-ray.”
Medical Malpractice Lawsuit for Diagnostic Errors
Tennessee law allows filing of medical malpractice claims for diagnostic errors, such as
- Wrong diagnosis
- Failure to diagnose on time
- Delayed diagnosis
- Improper diagnostic test results
- Diagnostic centers violating standard care
The highest numbers of medical malpractice suits brought in Tennessee are based on alleged wrong diagnosis or failure of the hospitals and doctors to identify and treat the real cause of the disease. In 2012, Mid-Cumberland Infectious Disease Consultants of Clarksville was sued for its failure to prescribe appropriate medication. The Jackson man had severe urinary tract infection that doctors at the hospital failed to identify and treat accordingly, asserted plaintiff’s medical malpractice lawyer during the court trial.
In 2009, a Tennessee couple was awarded $24 million in a medical malpractice breast cancer misdiagnosis lawsuit. The defendant doctor prescribed breast cancer treatment for benign tumors. As a result, the lady had to undergo strenuous chemotherapy sessions. Another Jackson medical malpractice lawsuit filed over the death of a woman resulted in $270,000 compensation for the plaintiffs. Wrong diagnosis of chest pain resulted in the death of the 55-year-old woman next day due to heart attack.
Medical Malpractice Lawsuit: Tennessee Statute of Limitations
To be considered by a jury for civil claims, a medical malpractice lawsuit in Jackson, Memphis, Nashville, or any other parts of the state must be brought within a year of the misdiagnosis is discovered. No malpractice suit against hospitals or doctors is accepted for civil actions, if a there is a three-year gap between the alleged incident and the filing of the claim, except when
- the victim is a minor (below 18 years)
- the victim is of unsound mind
- the victim’s claim involves presence of a foreign object in their body
Non-economic damages granted in Tennessee as part of medical malpractice compensation are limited to $750,000. However, there is no such cap for claiming economic damages caused by the injury. You can seek up to $1 million in compensation for major instances of medical injuries.
People suffering from injuries due to action or inaction on the part of hospitals, doctors, nurses, paramedics, or pharmacies have the right to seek a range of compensations by filling civil actions. To file a Tennessee medical malpractice lawsuit or seek expert guidance of lawyers for medical malpractice in Jackson, Memphis, or any part of Tennessee, please contact us or call on 1-800-632-1404.
Contact a Tennessee Medical Malpractice Lawyer
If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.
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