In this medical malpractice action, the jury entered a verdict in favor of the defendant doctor. On appeal, the plaintiff argues that the trial court erred in allowing a medical expert witness [(for the recently released defendant)] to testify [(for another defendant)]. We find no error in the trial court’s decision.
Thursday, June 27, 2013
Expert Qualifications in a Medical Malpractice Case: Another Post-Shipley Opinion
The Court of Appeals issued its opinion in Ray v. Southern Tennessee Medical Center, LLC, No. M2012-01227-COA-R3-CV (Jun. 25, 2013). The summary states as follows, to wit:
(Editorial comment added in bracketed parentheticals.)
This opinion offers a good discussion of expert-witness qualifications in a medical malpractice case post-Shipley. It is a must-read for the practitioner in my opinion.
Here's a link to the opinion:
Please keep in mind, too, that these types of cases are now called "health care liability actions" instead of "medical malpractice action." See Tenn. Code Ann. § 29-26-101 (Westlaw 2013). This case, however, was not affected by that change (because the change in the law happened after this case arose or "accrued").