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Thursday, October 01, 2009
Medical Malpractice: Another Locality Rule Opinion
Yesterday the Court of Appeals issued its opinion in Plunkett v. Bradley-Polk, OB-GYN Serv's., P.C., No. E-2008-00774-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2009). Plaintiffs' expert primarily practiced in a large metropolitan community in Virginia near Washington, D.C. but demonstrated that he was familiar with other smaller communities in Virginia that were similar to the community in Tennessee where the defendants practiced. The trial court held that the plaintiffs' expert was disqualified under the locality rule. The Court of Appeals reversed the trial court and held that it abused its discretion in disqualifying Plaintiffs' expert.