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Monday, February 02, 2009

New Med Mal Case

The Middle Section of the Tennessee Court of Appeals recently issued a new med mal opinion. The case is Cox v. M.A. Primary and Urgent Care Clinic, No. M2007-01840-COA-CV (Tenn. Ct. App. Jan. 30, 2009).

The case is noteworthy because it offers a post-Hannan analysis of summary judgments in a medical malpractice context. (For the uninitiated, Hannan v. Alltel Publ'g Co., which is discussed in my Nov. 8, 2008 post, is the case that recently reaffirmed Tennessee's standard for granting summary judgments).

The Cox case also held that: "[t]he standard of care applicable to a physician assistant is that of the supervising physician in the community in which the supervising physician practices." Cox, M2007-01840-COA-CV, slip. op. at 6.

Here's the link to the case:

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