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Friday, February 24, 2017

New Health Care Liability Action Opinion: Jury Verdict for Defense Upheld on Appeal

The Tennessee Court of Appeals just issued its opinion in Bogner v. Vanderbilt University, No. M2015-00669-COA-R3-CV (Tenn. Ct. App. Feb. 23, 2017).  he syllabus from the slip opinion states as follows:
This is an appeal from a judgment entered on a jury verdict in favor of the defendant in a health care liability action. The plaintiff filed suit against the defendant hospital for medical malpractice, medical battery, and lack of informed consent. The trial court granted a partial directed verdict in favor of the defendant after the plaintiff presented evidence. At the close of all the proof, the trial court denied the plaintiff's motion for a directed verdict on the remaining issues of medical battery and informed consent. On appeal, the plaintiff claims that the trial court erred in denying the motion for a directed verdict, in refusing to adopt the plaintiff's special jury instructions, and in using a confusing special verdict form. Discerning no reversible error, we affirm the judgment of the trial court. 
Here is a link to the slip opinion:

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