April 16, 2008

Couple Files $40 Million Lawsuit Against Medical Center

A $40 million medical malpractice lawsuit was filed by a Woodbury, Tennessee couple, against Middle Tennessee Medical Center, Murfreesboro Medical Clinic and their doctor. The couple alleges the negligence of those defendants, during their daughter's delivery, has caused the girl severe medical conditions.

The couple alleges their daughter, who was born at MTMC, suffers from severe brain damage, cerebral palsy, developmental delay and seizures. The $40 million request is for compensatory damages. Compensatory damages are paid to compensate a claimant for loss, injury, or harm suffered by another's breach of duty.

The suit claims, two nurses failed to follow the doctor's instructions during the girl's delivery. The two nurses were employees of MTMC. The doctor, who delivered this girl at MTMC, was separately in private practice at Murfreesboro Medical Clinic.

The couple claims the doctor was negligent and deviated from standard professional practices too. The defendants claim the couple was negligent because they failed to follow doctor's advice on multiple occasions after the child was born.

In Missouri, the following elements must be proven in a medical negligence claim:

1. Act or omission by defendant that fails to meet the requisite medical standard of care;
2. The act or omission involves negligence; and
3. A causal connection exists between the act or omission and plaintiff's injury or illness.

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