The court ruled the hospital was negligent. The patient’s attorney did not have to prove professional negligence had occurred in order to proceed with this lawsuit against the hospital. COURT OF APPEALS OF TENNESSEE, 1996.

   A patient had just been returned to her semi-private hospital room following abdominal surgery.

   For reasons not specified in the court record, a hospital technician attempted to remove the orthopedic suspension hardware from above the bed. He did this with the patient still in bed. A piece of the hardware struck the patient in the head.

   The Court of Appeals of Tennessee ruled the hospital was guilty of "simple" negligence for the technician’s actions. Unlike professional negligence or malpractice, simple negligence does not require the victim to present expert witness testimony in court in support of the case.

   Fortunately, there was no bruising, bleeding or swelling. A CT scan done immediately after the incident revealed no closed head injury to corroborate the persistent severe headaches the patient would later claim in her lawsuit. Peete vs. Health, 938 S.W. 2d 693 (Tenn. App., 1996).