TEETERS V. CURREY
Sup. Ct. of Tenn., 518 S.W.2d 512 (1974)
NATURE OF THE CASE: Teeters (P) appealed a decision granting Currey (D) summary judgment
on the grounds that P's medical malpractice action was barred by the statute of limitations.
FACTS: P gave birth to a normal child. D was the attending physician. Following delivery,
because of edema, anemia and other medical complications, he recommended that P have a
bilateral tubal ligation, the purpose of which was to avoid future pregnancies. D performed
this surgery on June 6, 1970, and her recovery was uneventful. On December 6, 1972 P was
hospitalized at Newell Clinic and was attended by Dr. Edgar Atkin. Dr. Atkin discovered that
she was pregnant. On March 9, 1973 P was delivered of a premature child and there were
severe complications. P instituted suit on November 15, 1973, three years, five months and
nine days after the operation, but approximately eleven months after discovering her
pregnancy. P alleges that during the course of this latter surgery it was discovered that
the earlier surgery performed by D was negligently and inadequately done and was not
performed in accordance with proper standards of care and good medical practice. D plead the
statute of limitations and denies that he was guilty of any act of negligence. D also
insisted that the operation was properly performed. D also alleged that P assumed the risk
of pregnancy by engaging in activities which a reasonably prudent person should have
recognized as being conducive to causing pregnancy. D filed a motion for summary judgment.
The trial court granted the motion. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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