Torts Keyed to Dobbs
Turner v. Jordan
A psychiatric in-patient attacked and severely beat a nurse at the hospital where she worked. The nurse and her spouse filed suit against a psychiatrist, the patient’s attending physician, for medical negligence. Plaintiffs alleged that he violated his duty to use reasonable care in the treatment of his patient. The jury returned a verdict in favor of the nurse and her spouse, but the trial court, concluding the allocation of fault unjustified, granted the psychiatrist’s motion for a new trial. The Tennessee Supreme Court held, first, that the psychiatrist owed the nurse a duty of care and that he had breached that duty. The Court then addressed the issue of comparative negligence.
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