Legal Question in Military Law in Tennessee

Malpratice suit?

We recently lost a family member after abdominoplasty. During the procedure, a hernia was repaired. After the surgery (out-patient) our family member was sent home where she perished from exsanguation due to coagulopathy according to an autopsy performed by a pathologist hired by the surgeon who performed the procedure. Additionally, the surgeon ordered a blood thinner for our relative during the procedure. We are trying to determine if legal action should be taken against the surgeon.

Asked on 2/05/08, 5:30 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC
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Re: Malpratice suit?

You need to see a competent and experienced medical malpractice attorney right away. You listed this under "Military Law" and if the procedure was done on a servicemember there may be no case. If the procedure was done on a dependent, the case may need to be tried under the Federal Tort Claims Act. Either way an experienced medical negligence attorney needs to evaluate whether you have a claim, and whether you can proceed with it.

The statute of limitations in TN is very short (1 year) and as a result, you need to act immediately to see an attorney and start having this case evaluated.

Good luck.

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2/06/08, 10:09 am

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