Explore BrainMass

Professional Malpractice Law

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

* I need a brief review of Weathers v. Pilkinton, or Adams v. Carter County Memorial Hospital
* I need a focus on one aspect of the case chosen that can be explained in entirety with at least 3 scholarly references.
* Please describe a variation on the case that might have gotten a different outcome

© BrainMass Inc. brainmass.com October 25, 2018, 10:04 am ad1c9bdddf

Solution Preview

(1) I need a brief review of Weathers V. Pilkinton, or Adams v. Carter County Memorial Hospital
*Adams vs. County Memorial

Adams vs. Carter County Memorial Hospital involves a case brought by a widow suing for damages for the alleged wrongful death of her husband who committed suicide while he was a patient in Carter County Memorial hospital. The patient' injuries resulting in death that occurred when he fell down a stairway at the hospital. The complaint contained allegations of malpractice against each defendant (hospital and doctor); and alleged that the defendants were negligent that caused the death of their patient, the plaintiff's husband. It thus stated a cause of action under which other cases was settled based on the rules of liability including: Haskins v. Howard; Osborne v. Frazor, 58 Tenn. App. 1 (1968); James v. Turner, 184 Tenn. (1941); Rural Education Assoc. v. Anderson, 37 Tenn. (1953); Schwartz, "Civil Liability for Causing Suicide," 24 Vand.L. Rev. 217p [1971] (www.courtlistner.com). Both the hospital and the attending physician (Frost) filed motions to have the complaint dismissed on the grounds that the plaintiff (widow) did not have a legitimate complaint. The judge granted the motion. The physician also filed a motion to remove language referring to "him" as the person (who had committed suicide) as being able to "process and continue the motion". This motion was also granted.

In delivering his opinion, the trial judge indicated in his decision that the complaint failed to state a claim, ...

Solution Summary

This solution discusses the Tennessee court case of Adams v. Carter County Memorial Hospital in almost 1000 words, with references.

See Also This Related BrainMass Solution

Health Care Legal Liability Issues

As a new member of the Institutional Policy Review Team, you are seeking information about institutional, professional, and personal ethical standards and dilemmas with respect to privacy of medical information, professional and personal ethical standards of Law and Tort Liability.


Please response to the following questions:

-Malpractice law suite against hospitals and physician.
-What are the laws when it comes to tort liability.
-Malpractice suits against physicians under Medicare and Medicaid.

Thank you.

View Full Posting Details