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Tuesday, August 12, 2014

Health Care Liability Action Dismissed via Summary Judgment

The Tennessee Court of Appeals released its opinion today in Buman v. Gibson, No. W2013-01867-COA-R3-CV (Tenn. Ct. App. Aug. 11, 2014).  The summary from the slip opinion states as follows:
This is a health care liability action involving a physician’s duties when supervising a physician’s assistant. The plaintiff alleged the supervising physician negligently supervised a physician’s assistant which resulted in the eventual amputation of the plaintiff’s leg. The physician moved for summary judgment, contending that he complied with all statutory duties. The plaintiff responded to this motion and simultaneously moved to amend her complaint to allege that the physician was vicariously liable for the negligent actions of the physician’s assistant. The trial court denied the plaintiff’s request to amend her complaint and granted the physician’s motion for summary judgment. Discerning no error, we affirm.
Here's a link to the opinion:

https://www.tba.org/sites/default/files/bumanm_081114.pdf

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