Negligence in Tennessee Tort Law: The Standard of Care Part 1

This episode explores key aspects of negligence in Tennessee, drawing insights from six landmark cases. Topics include the essential elements of negligence, medical malpractice standards, and comparative fault principles.

Key Themes:

1. Negligence Elements: Proving negligence requires showing a duty of care, breach of that duty, causation (both actual and proximate), and resulting damages.
2. Medical Malpractice: Tennessee law mandates expert testimony to define the standard of care and assess deviations. Informed consent failures may lead to claims of medical battery or negligence (Blanchard v. Kellum).
3. Vicarious Liability: Employers are liable for employees' negligence when they control the "means and method" of the work. Personal negligence claims against providers also require expert testimony (Parker v. Vanderbilt University).
4. Comparative Fault: Plaintiffs’ recoveries are reduced based on their fault; those 50% or more at fault cannot recover. Violating a statute may constitute negligence per se when the injured party is within the statute’s protection (Cook v. Spinnaker’s of Rivergate).
5. Negligence Per Se: Violating a statute may constitute negligence per se if the plaintiff is within the statute’s protected class and the harm falls under what the statute aims to prevent (Cook v. Spinnaker’s of Rivergate). 

Notable Cases and Quotes:

• Cardwell v. Bechtol: Established the "mature minor" exception, allowing minors close to adulthood to consent to medical treatment.
• Shadrick v. Coker: Affirmed the healthcare provider’s duty to ensure patients fully understand risks and procedures.
• Blanchard v. Kellum: Highlighted the consequences of failing to obtain informed consent, which may constitute medical battery or negligence.
• Ashe v. Radiation Oncology Associates: Used an objective standard for informed consent, focusing on what a reasonable person would decide if fully informed.
• Parker v. Vanderbilt University: Explained standards for proving medical malpractice and vicarious liability.
• Cook v. Spinnaker’s of Rivergate: Clarified negligence per se and comparative fault in cases involving statutory violations.

Tennessee negligence law requires proving duty, breach, causation, and damages. Medical malpractice claims demand expert testimony, while informed consent cases focus on the patient’s understanding of risks. Comparative fault and statutory violations add complexity to liability determinations.

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov. 

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