The Tennessee Court of Appeals recently issued its opinion in Gilchrist v. Aristorenas, No. W2007-01919-COA-R3-CV (Tenn. Ct. App. Nov. 24, 2008). The Court of Appeals upheld the trial court's grant of summary judgment in favor of the defendant.
This case demonstrates the dangers and pitfalls of handling medical malpractice cases. The plaintiff's expert recanted an earlier plaintiff-friendly opinion during his deposition. This resulted, in part, in the plaintiff not having the necessary expert testimony to rebut the defendant's motion for summary judgment. Therefore, the motion for summary judgment was granted.
Here's the link to the opinion:
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