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Friday, June 04, 2010

Medical Malpractice: Court of Appeals Upholds Defense Verdict

The Western Section of the Tennessee Court of Appeals just released its opinion in Stanfield v. Neblett, No. W2009-01891-COA-R3-CV (Tenn. Ct. App. June 4, 2010). Among the issues raised were the following: (1) whether an expert may testify outside his or her Rule 26 disclosure; (2) expert qualifications; (3) cross-examining experts; and (4) the use of exhibits in opening statements and closing arguments. The Court of Appeals came down on the side of the defendants.

Here's a link to the opinion:

UPDATE: As of June 20, 2010, this opinion has been withdrawn by the Western Section. A revised opinion was released July 23, 2010. Here is a link to the revised opinion:

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