R. Dale Bay

Practice Details

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• Firm Information
  Position

  Shareholder

  Firm Name

  Lewis Thomason, P.C.
• Representative Cases & Transactions
  Cases

  REPRESENTATIVE MATTERS: Obtained a defense verdict in favor of an urgent care physician in a two-week wrongful death healthcare liability trial in Montgomery County Circuit Court. The plaintiff alleged the defendant physician misdiagnosed the decedent with gastroesophageal reflux disease four days prior to his death from cardiac tamponade as a result of a rare heart infection called purulent bacterial pericarditis. In closing arguments, plaintiff's counsel asked the jury for $4,372,736 in economic damages
  $750,000 in non-economic damages. The jury returned a verdict in favor of the defendant physician, finding that she did not deviate from the applicable st
  ard of care.
  Prevailed in an important healthcare liability matter in the Supreme Court of Tennessee. In the case, it was alleged that the defendant doctor told the plaintiff he was an experienced board-certified plastic surgeon,
  that the doctor's representations induced the plaintiff to consent to surgery. However, the doctor was not a board-certified plastic surgeon,
  the plaintiff alleged that she was injured as a result of the surgery. The plaintiff
  her husb
  sued the doctor, his medical practice,
  the surgical facility for her injuries, alleging medical battery
  intentional misrepresentation. The defendants filed a motion to dismiss based on the plaintiffs' failure to comply with the pre-suit notice
  filing requirements of the Health Care Liability Act. The plaintiffs agreed they did not comply with the Act but argued the Act did not apply to their medical battery
  intentional misrepresentation claims. The trial court agreed with the plaintiffs,
  the Court of Appeals affirmed. However, the Supreme Court of Tennessee reversed the Court of Appeals
  held that the 'Health Care Liability Act applies to the plaintiffs' claims. The Act broadly defines a 'health care liability action' to include claims alleging that a health care provider caused an injury that related to the provision of health care services, regardless of the theory of liability. Based on the allegations in the complaint, the plaintiffs' medical battery
  intentional misrepresentation claims fall within the definition of a 'health care liability action' under the Act.'
• Additional Links
  http://www.lewisthomason.com/attorneys/r-dale-bay/