| Malpractice actions are typically governed by state law which may vary somewhat from state to state. This paper will focus on the malpractice law of Tennessee. Review some of the basic requirements of a malpractice action in Tennessee contained in T.C.A. § 29-26-115. Also, review the article “Five Years after Going under the Knife, Med Mal Law Is still Feeling the Effects” (Cite: Clinton, C.L., (2013). Five years after going under the knife, med mal law is still feeling the effects, Tennessee Bar Journal 49, 112-16.) Your paper should be from 4-5 pages double-spaced. The first 1- 2 pages of your paper should focus on T.C.A. § 29-26-115. Explain in your own words how you would go about proving a malpractice action in Tennessee. To help you in your analysis, note that section (b) addresses requirements for expert witnesses who are generally needed in order to prevail in a malpractice action. The remainder of your paper should address whether you believe that the passage of T.C.A. §§’s 29-26-121 and 29-26-122, discussed in the paper, were advisable and furthered the interests of justice. |
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