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Monday, February 01, 2016

New Medical Malpractice Opinion: Plaintiffs' Case Dismissed Due to Numerous Reasons

The Tennessee Court of Appeals recently released its opinion in Mikheil v. Nashville General Hospital at Meharry, No. No. M2014-02301-COA-R3-CV (Tenn. Ct. App. Jan. 29, 2016).  The summary of the opinion states as follows:
In this health care liability action, the plaintiffs disagree with a number of the trial court’s rulings upon which it based its decision to grant summary judgment in favor of the defendants. The trial court excluded the plaintiffs’ life care planner due to their failure to provide a complete disclosure of the life care planner’s opinions in a timely manner. The trial court ruled that the plaintiffs’ sole standard of care expert, a neurosurgeon, was not competent to testify as to the standard of care of the defendant nurse practitioner.  Furthermore, the trial court precluded the plaintiffs’ standard of care expert from testifying at all due to the plaintiffs’ repeated failure to comply with the court’s orders regarding discovery. We find no abuse of discretion with respect to the trial court’s decisions and affirm the judgment.
Here is a link to the opinion:

NOTE: This case is still a "medical malpractice case" as opposed to a "health care liability action" because it arose before the statutory name change in 2011.

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