October 2013 - Firm member Marc A. Sorin of McNabb, Bragorgos & Burgess, PLLC, recently prevailed at the Tennessee Court of Appeals on behalf of one of his national nursing home clients.


Firm member Marc A. Sorin of McNabb, Bragorgos & Burgess, PLLC, recently prevailed at the Tennessee Court of Appeals on behalf of his national nursing home clients.  The appellate court affirmed the trial court's dismissal of plaintiff's complaint for failure to state a claim.

Specifically, the court of appeals agreed with the defense that the plaintiff's allegations that the nursing home failed to administer medication properly that had been prescribed by a physician; failed to utilize a medical device properly after being prescribed by a physician; and failed to monitor the medical condition of the deceased, constituted claims of medical malpractice.  As a result, the Tennessee Court of Appeals ruled that the plaintiff's failure to comply with the "certificate of good faith" requirement codified in the Tennessee Medical Malpractice Act was "fatal" to the plaintiff's claim.