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Teeters v. Currey
Tennessee Supreme Court
518 S.W.2d 512 (Tenn. 1974)
The plaintiff gave birth to a child and her doctor (defendant) recommended that, for medical safety reasons, she undergo surgery to avoid future pregnancies. The doctor performed the surgery, but about two and a half years later, the plaintiff discovered that she was pregnant. The plaintiff gave birth prematurely with severe complications. She then brought suit for medical malpractice. She brought the suit almost three and a half years after the failed surgery, but only 11 months after she found out that she was pregnant. The statute of limitations for malpractice suits in Tennessee is one year. The trial court, following state precedents, ruled that the statute of limitations barred the plaintiff’s claim. The plaintiff appealed.
Rule of Law
Holding and Reasoning (Henry, J.)
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