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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:
 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.
(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").

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