Tennessee Court Finds Punching Patients in the Face Falls Below Standard of Care

‘Reversing the dismissal of a medical malpractice lawsuit, the Tennessee Court of Appeals ruled it is common sense that an emergency medical technician shouldn’t punch patients in the face.
The three-judge panel reversed the dismissal of a lawsuit brought by patient Jonathan Zink, who accused an EMT of “negligently and carelessly” striking him the face with a closed fist while he was strapped to a gurney, causing him to suffer permanent injuries.
The Knox County Circuit Court dismissed Zink’s complaint, brought against EMT Randy Osborne and emergency services provider Rural Metro of Tennessee LP, with prejudice based on his failure to file a certificate of good faith confirming that an expert determined he had a legitimate reason to pursue his medical malpractice claim.
Zink appealed on the basis that his claims would fall within the “common knowledge” exception to the Tennessee Health Care Liability Act’s requirement of expert testimony in health care liability cases.’
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