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Friday, August 13, 2010

Medical Malpractice: Plaintiff's Expert Fails to Satisfy Locality Rule

The Western Section of the Tennessee Court of Appeals just issued its opinion in Johnson v. Richardson, No. W2009-02626-COA-R3-Cv (Tenn. Ct. App. Aug. 12, 2010). Here's part of the syllabus from the majority opinion, to wit:
This is a medical malpractice case. Plaintiff/Appellant appeals from the trial court’s disqualification of her expert witness and grant of the Defendant/Appellee’s motion for directed verdict. Finding that the Appellant failed to show that her expert was familiar with the standard of care in a community similar to the defendant’s community, we affirm the decision of the trial court.

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