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Friday, October 18, 2013

New Health Care Liability Action (f.k.a Medical Malpractice) Opinion

The Tennessee Court of Appeals issued its opinion today in Burchfield v. Renfree, No. E2012-01582-COA-R3-CV (Tenn. Ct. App. Oct. 18, 2013).  Here's the summary from the slip opinion:
This is a health care liability action wherein the trial by jury resulted in a judgment for the Defendant, Dr. Timothy Renfree. Plaintiffs, Larry and Dinnie Burchfield, filed this lawsuit against Dr. Renfree alleging that he negligently performed surgery on Mr. Burchfield’s right arm and caused nerve damage. After the jury returned its verdict in favor of Dr. Renfree, the Burchfields filed post-trial motions seeking relief from the judgment and alleging numerous errors in the administration of the trial. The trial court denied the post-trial motions and affirmed the jury’s verdict as thirteenth juror. The Burchfields appealed. We vacate the jury’s verdict, finding reversible error in the administration of the trial, and remand this matter to the trial court for further proceedings.
Here's a link to the forty-six-page opinion:

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