Legal Opinion

Gamble v. Hospital Corp. of America

Court of Appeals of Tennessee

Decided April 26, 1984PublishedCited by 20 opinions

1Opinion of the Court

OPINION

LEWIS, Judge.

The sole issue in this case is whether, in a medical malpractice action in which the plaintiff claims injury from negligence in an operation during which a surgical instrument broke and part of the instrument became lodged in plaintiff’s spine, an amended complaint, alleging negligence in a subsequent surgery to remove that part of the broken instrument, relates back to the date of the original pleading.

Dr. Arnold Haber performed back surgery on plaintiff Betty Jean Gamble on June 17, 1981. During the operation the surgical instrument, a pituitary rongeur, used by Dr.…

2Cases cited16 opinions

  1. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1945
  2. Jerome Rosenberg v. Raymond v. MartinCourt of Appeals for the Second Circuit · 1973
  3. Leonard v. Texaco, Inc.Texas Supreme Court · 1967
  4. Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943
  5. The Snoqualmie Tribe of Indians, on Its Own Behalf, and on Relation of the Skykomish Tribe of Indians v. The United StatesUnited States Court of Claims · 1967

11 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Potts v. Celotex Corp.Tennessee Supreme Court · 1990
  2. Doyle v. FrostTennessee Supreme Court · 2001
  3. Energy Saving Products, Inc. v. CarneyCourt of Appeals of Tennessee · 1987
  4. Rainey Bros. Construction Co. v. Memphis & Shelby County Board of AdjustmentCourt of Appeals of Tennessee · 1991
  5. HCA, Inc. v. American Protection Insurance Co.Court of Appeals of Tennessee · 2005

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API